HomeMy WebLinkAbout1984-07-17; City Council; 7496-2; Poinsettia LN construction contract4v: /-a cir= DF CARLSBAD - AGEND --BILL c. - -2k&
AWARD OF CONTRACT
FOR THE CONSTRUCTION OF
POINSETTIA LANE (CONTRACT NO. 3079) MTG. 7/17/84
DEPT.-.
RECOMMENDED ACTION:
Adopt Resolution No. 7.('07? accepting bids and awarding Contract
No. 3079 for construction of Poinsettia Lane from Avenida Encinas
to Carlsbad Boulevard to Calco Construction.
Adopt Resolution No. approving Consultant Agreement for the
$29,905.
inspection service of Lane Bridge in the amount of
ITEM EXPLANATION:
On April 17, 1984, Council authorized the Advertisement for Bids for the construction of Poinsettia Lane. Four (4) sealed bids were received on July 6, 1984, as follows:
Alternate No. 2
1. Calco Construction
2. Daley Corporation
3. SoCal Corporation
4. Hazard Construction Co.
$1,074,458.40
1,185,173.20
1,191,890.00
1,265,839.80
The Engineer's Estimate for Alternate 2 is $1,261,000. The low
bidder, Calco Construction, performed the Buena Vista Lagoon Dredging Project and completed the work satisfactorily. The project to be constructed consists of a two-lane roadway and a two-
lane bridge with the embankment completed for the future four-lane
project. The two lanes will become the south half of the future
street.
Two alternatives were bid. The only difference is that Alternate No. 2 includes an additional 23,000 cubic yards of fill for the
future widening of the street and bridge. Because of the low bid,
sufficient money is available to place this embankment now, so Alternate No. 2 has been selected for construction.
The inspection services for the road will be conducted by the City
Inspectors. Since the bridge inspection requires special
expertise, the City has solicited for bridge inspection proposals.
On July 5, 1984, two proposals were received for the inspection services of Poinsettia Lane Bridge. After careful evaluation, the
firm of Kercheval and Associates, Inc. was selected to perform the
inspection services in the amount of $29,905.
Although this project exceeds $1,000,000 in cost, it is exempt from
the provisions of Proposition H, which require a vote of the public
because the majority of the funds come from Developers under pre-
existing agreements. $1,239,000 has or will be deposited with the
City by 3 Developers. The sum of $200,000 in Gas Tax money has
been budgeted by the Cit . Additionally, the Developers' funds have earned some interes r .
P
FISCAL IMPACT:
INCOME
Source Type Amount
Sequoia Pacific Developer Is Contri b. $ 199,159
11 I1 221,772 Occidental Land Co. Lusk Brothers I1 841,000*
City of Carlsbad Gas Tax Revenue 200,000
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TOTAL INCOME $1,461,931
*Lusk Brothers will deposit their money with the City on or
before July 17, 1984.
To
Kercheval & Assoc. A.T.& S.F. Railway
So. Cal. Gas Co.
Pacific Bell
Eberhart & Stone
Kercheval & Assoc.
Cal co Construct ion
City Staff
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EXPENSES
For
Des i gn Signal Reloc. & Flagging
Gas Line Reloc.
Telephone Line Reloc.
Soils Testing
Bridge Inspection
Construction
Admin. & Inspection
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TOTAL EXPENSES
Amount
$ 60,341 45,166
106,030
20,513
4,978
29,905
1,074,458
21,500
$1,362,891
All of the expenses listed have been paid for or will be encumbered
upon Award of Contract. The balance in the project account (30-18-
40-3079) of $99,040 will be available for contingencies.
The total income of $1,461,931 is more than the $1,393,450
budgeted in the FY 84-85 Capital Improvement Budget. The reason
is that the difference of $68,481 was expended in FY 83-84 for
design and administration.
ENVIRONMENTAL IMPACT:
An Environmental Impact Report was certified by the City Council on
July 19, 1983, and all mitigating measures have been incorporated
into the project.
A Coastal Development Permit was granted for the project on May 9,
1984, by the California Coastal Commission.
a
EXHIBITS :
1. Location Map
2. Resolution No. accepting bids and awarding Contract No. %= 3079 for the cons ruction of Poinsettia Lane from Avenida Encinas to Carlsbad Boulevard to Calco Construction.
3. Resolution No. 7Sgo approving Consultant Agreement in the
amount of $29,905 for inspection services for the Poinsettia Lane Bridge. (Agreement attached)
3
,
. PROJ.
- NO. PROJECT NAME
POINSETTIA CANE 5RlH -- 2 079
LOCATION MAP
EXHIBI'
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RESOLUTION NO. 76 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 3079 FOR THE CONSTRUCTION OF POINSETTIA LANE.
WHEREAS, bids have been received by the City of Carlsbad for the construction
If Poinsettia Lane, Contract No. 3079; and
WHEREAS, the low bid received for the construction of Poinsettia Lane was
ubmitted by Calco Construction Co., in the amount of $1,074,458.40, for Alternate
lo. 2, which involves the construction of a two-lane road and two-lane bridge, and
11 acing fi 11 for the ultimate four-1 ane improvements; and
WHEREAS, funds will be available in the amount of $1,393,450.00 in Account
io. 30-18-40-3079 for this project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
:01 lows:
1. The above recitations are true and correct.
2. The bid of $1,074,458.40 by Calco Construction Co. for Contract No.
3079 for the construction of Poinsettia Lane, Alternate No. 2, is accepted, and
:he Mayor and the City Clerk are hereby authorized to execute a contract
;hereafter .
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
:ouncil held on the - 17thday of
dit:
July , 1984, by the following vote, tc
AYES: Council bkrrbers Casler, Lewis, Kulchin and Prescott
NOES: Mne
ABSENT: None
ATTEST:
(SEAL)
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RESOLUTION NO. 7680
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KERCHEVAL AND ASSOCIATES FOR INSPECTION SERVICES
OF THE POINSETTIA LANE BRIDGE - CONTRACT NO. 3079.
WHEREAS, proposals have been received by the City of
Carlsbad, California, for the inspection services of the
Poinsettia Lane Bridge; and
WHEREAS, the firm of Kercheval and Associates has been
selected to perform the inspection services in the amount of
$29,905; and
WHEREAS, sufficient funds are available
40-3079 to cover the inspection costs;
NOW, THEREFORE, BE IT RESOLVED by the C
City of Carlsbad as follows:
1. The above recitations are true and
2. That an agreement between the City
in Account No. 30-18-
ty Council of the
correct.
of Carlsbad and
Kercheval and Associates for the inspection services of the
Poinsettia Lane Bridge, a copy of which is attached hereto marked
"Exhibit A" and made a part hereof is hereby accepted.
3. That 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.
4. The Consultant fee of $29,905 by Kercheval and
Associates for the inspection services of the Poinsettia Lane
Bridge is hereby accepted.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Zarlsbad City Council held on the 17thday of July ¶
1984, by the following vote, to wist:
AYES : Council Mmbers Casler, Lewis, Kulchh and Presoott
NOES: None
ABSENT: Council Wnber Chick
ARY CASLtR, Mayor
4TTEST:
&j?pdJ& NL, City Yerk
(SEAL)
-A-GREEMENT FOR INSPECTION SERVICES FOR POINSETTIA LANE BRIDGE OVER THE RAILROAD (CONTRACT NO. 3079)
THIS AGREEMENT, made and entered into as of the d aY
of , 19 - , by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as IICity," and
KERCHEVAL AND ASSOCIATES, hereinafter referred to as "Consultant .It
RECITALS
City requires the services of Kercheval and Associates to
provide the necessary inspection services for Poinsettia Lane
Bridqe over the Railroad; 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
The Consultant shall provide a71 necessary inspection
services for the contruction of the Poinsettia Lane Bridge,
as outlined on the attached Exhibit *'A".
2. CITY OBLIGATIONS
The City shall:
A. Provide the name of the person who will be assigned as
the City's representative for coordinating construction
activites with the Consultant and any other City
personnel assigned to the elements of work.
8. All required soils tests.
C. Issue all necessary permits.
3. PROGRESS AND COMPLETION
The work under this Contract will begin with the construction
of the bridge and after receipt of notification to proceed by the
City and be completed with the completion of the bridge.
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. FEES TO BE PAID TO CONSULTANT
The total amount of fee payable according to Paragraph 5,
Payment of Fees, shall be $29,926. No other compensation for
services will be allowed except those items covered by supplemental
agreements per Paragraph 7, Changes in Work.
5. PAYMENT OF FEES
Payment of fees shall be on a monthly basis and per hours of
inspection performed.
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FINAL SUBMISSIONS
Within fifteen (15) days of completion of the construction of
--ne bridge, the Consultant shall deliver to the City the following
.- - -Terns:
All final engineering certifications and documents
indicating that all bridge construction work has been
done in compliance with the plans and specifications.
All changes made to the plans shall be indicated and
shown on the plans.
CHANGES IN WORK
If, in the course of this Contract, changes seem merited by
:.le Consultant or the City, and informal consultations with the
-::her party indicate that a change in the conditions of the - .. .
-ontractis warranted, the Consultant or the City may request a
:---znange in Contract. Such changes shall be processed by the City in _. .
:ne following manner: A letter outlining the required changes
rnall be forwarded to the City or Consultant to inform them of the
----oposed changes along with a statement of estimated changes in - _-_
Inarges or time schedule. After reaching mutual agreement on the
- --oposal, a supplemental agreement shall be prepared by the City
irld approved by the City Council. Such supplemental agreement
Inall not render ineffective or invalidate unaffected portions of
:ne agreement. Changes requiri-7 immediate action by the
-8nsultant or City shall be ordered by the City Engineer who will
------nform a principal of the Consultant's firm of the necessity of
.----zuch action and follow up with a supplemental agreement covering
.-_--_
__ .-.Luc~ work.
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8. DESIGN STANDARDS
The Consultant shall perform inspection services, per plans
and specifications fn accordance with the design standards of the
City of Carlsbad and recognized current design practices.
Applicable City of Carlsbad Standards, regional standards, and
CalTrans Standards shall be used where appropriate.
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
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8. DESIGN STANDARDS -
The Consultant shall perform inspection services, per plans
and specifications in accordance with the design standards of the
City of Carlsbad and recognized current design practices.
Applicable City of Carlsbad Standards, regional standards, and
CalTrans Standards shall be used where appropriate.
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
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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
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
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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
inspection for Poinsettia Bridge and any payments made to
Consultant are compensation solely for such services.
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
of Consultant's independent calling, and not as an employee of the
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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 inspections and reports to
conform to all applicable requirements of law: Federal, State, and
local. Consultant 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.
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
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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 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 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.
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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.
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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.
KERCHEVAL AND ASSOCIATES: CITY OF CARLSBAD:
By
hayor
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk
EXHIBIT *Am
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INSPECTION SERVLCES FOR
POINSETTIA LANE BRIDGE (CONTRACT NO. 3079)
Generally Kercheval and Associates, Inc., hereinafter referred to as
ttConsultant", would provide contract inspection services, assist in
contract administration, and provide certain field testing related to
the construction of the Poinsettia Lane Bridge.
Specifically the work to be provided by Consultant would include, but
not be limited to, the following items:
1. Assisting the City in securing bids, analyzing bid results,
and recommending the award of the contract.
2. Attending pre-bid and pre-construction conferences.
3. Providing general consultation and interpretation of the plans
and specifications. During the contract period, the
Consultant will administer the construction contracts for the
City. Any necessary change orders will be prepared In writing
and will have the prior approval of the City.
4. Providing a qualified Project Engineer/Resident Inspector and
other inspectors as necessary for detailed technical
inspection during construction to insure conformance of the
work to the plans and specifications. In addition,
experienced engineers will be available to address any field
problems. The Project Engineer will prepare monthly estimates
of monies due the Prime Contractor and submit these to the
City.
5. Providing checks on the field staking prior to the beginning
of construction and other checks for maintaining vertical and
horizontal control during construction in cooperation with the
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Contractor to assure all construction is done in compliance
with the lines, grades, and elevations which are indicated on
the contract documents.
6. Maintaining accurate records pertaining to all elements
of design, contract administration, inspection, and
qual i ty control.
7. Performing a final field inspection with the City to ascertain
if all work has been completed in compliance with the plans
and specifications. Approval of final payment and release of
all retained monies will not be made until all deficiencies
have been corrected to the satisfaction of the Consultant and
City of Carlsbad.
8. Preparing as-bui It drawings for the completed project.
9. Accept and retain a copy of all survey notes from the
Contractor's Surveyor.
10. Maintain daily diaries which contain, as a minimum, the
following information:
A. Description of all construction activity.
B. Description and duration of all delays in the work.
C. Problems that arise and solutions to them.
0. Record of damage or problems to existing structures due to
E. Record of coordination with other testing and City
construction or other causes.
personnel.
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Cost of Inspection Services for Poinsettia Lane Bridge
(Contract NO. 3079)
Personnel or Equipment Units cost
Bridge Inspector
Project Manager
Pickup Truck
*Survey Equipment Rental
Field Office Trailer
Furniture
Cy1 i nder Breaks
SUBTOTAL
TOTAL
80 x S280.00/day $22,400.00
40 hrs. x 23 x 2.3 2,116.00
6 mo. at 5225.00/mo. 1,350.00
6 mo. x $100.00
6 mo. x $125.00
600.00
750.00
6 mo. x $50.00 300.00
527,516.00
24 pairs 2,400.00
$29,916.00
* For Bridge Inspections, and Surveying
** Bridge Testing by Testing Engineers