HomeMy WebLinkAbout1986-06-10; City Council; 8659; Carlsbad Blvd storm drain interceptor designCIT DF CARLSBAD - AGEND, 3ILL
MTQ 06/10/86
DEPT. M.P.
' CARLSBAD BOULEVARD
STORM DRAIN INTERCEPTOR
DESIGN CONSULTANT AGREEMENT
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RECOMMENDED ACTION:
Approve the attached design consultant agreement for the Carlsbad
Boulevard Storm Drain Interceptor project and appropriate funding
in the amount of $40,000. R<=so«_t*y/fc,j K/«>.
ITEM EXPLANATION:
Approximately 22 storm drains presently discharge storm waters
over the bluff west of Carlsbad Boulevard in the location of the
City's proposed seawall project. The State of California,
Resources Agency, Department of Boating and Waterways, considers
the Carlsbad Boulevard storm drain system a local appurtenance
and therefore, the responsibility of the local agency.
Reconstruction of the storm drain from Oak Avenue to Tamarack
Avenue is not included in the design of the seawall. The State
of California has indicated to staff that this storm drain system
must be reconstructed prior to, or in conjunction with, the
Carlsbad seawall project to provide the necessary winter storm
protection for over-bluff flows. The proposed Oak to Tamarack
section will connect with a recently installed storm drain
section from Tamarack to the Carlsbad Bridge and discharge storm
waters through an existing disposal line.
Additionally, the existing storm drain system, with drains
ranging in size from 10" to 18", runs through a section of the
Redevelopment Area and is in badly need of repair. The
Redevelopment Area will be benefited by an improved storm drain
system relieving street surface waters during peak periods.
Construction of this project will take place within the public
right-of-way, therefore, dedications or fee acquisitions will not
be required. A Coastal Commission permit will be obtained prior
to award of the construction contract. Environmental Impact
Report 84-2 for the Carlsbad seawall project addressed this
facility and was certified by the Council on January 7, 1986.
The recommended design firm of Wilson Engineering has sufficient
qualified staff to perform this contract within thirty (30) days
of executing the attached agreement.
Page 2 of Agenda Bill
FISCAL IMPACT;
Staff recommends that $40,000 be appropriated from the
unappropriated fund balance of the Redevelopment Project Fund to
Account 810-840-3410-3229. The design contract is established at
a not to exceed total of $20,000. The remaining $20,000 is
requested for project administration, testing, and field
investigation required to locate the storm drains, utilities and
other on-site work. Funds to construct the storm drain
interceptor line will be requested in the fiscal 1986-87 C.I.P.
budget.
EXHIBITS:
1. Resolution No. J% |O
2. Location Map.
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RESOLUTION NO. 8610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TRANSFERRING FUNDS AND AUTHORIZING THE EXECU-
TION OF A DESIGN CONSULTANT AGREEMENT FOR THE CARLSBAD
BOULEVARD STORM DRAIN INTERCEPTOR.
WHEREAS, proposals have been received by the City of
Carlsbad for the design consultant agreement for the Carlsbad
Boulevard Storm Drain Interceptor; and
WHEREAS, after review of proposals, staff is recommending
Wilson Engineering to perform the work; and
WHEREAS, the transfer of funds in the amount of $40,000
from the unappropriated fund balance of the Redevelopment
Project Fund to Account 810-840-3410-3229 is necessary to
provide the funding for this project.
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the consultant agreement with Wilson Engineering
attached hereto as Exhibit A is hereby approved.
1 PASSED, APPROVED AND ADOPTED at a regular meeting of
2 the Carlsbad City Council held on the 10th day of
3 June __ ____ , by the following vote, to wit:
4 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
5 NOES: None
6 ABSENT: None
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0 MARY H. CASLER, Mayoro
9 ATTEST:
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ALETHA L. RAUTENKRANZ, City CleVk
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14 (SEAL)
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EXHIBIT A
to Resolution No. 8610
CONSULTANT AGREEMENT FOR DESIGN OF
CARLSBAD BOULEVARD STORM DRAIN INTERCEPTOR
THIS AGREEMENT, made and entered into as of the
day of du*^/ _ _, 19/%> , by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
"City," and Wilson Engineering, hereinafter referred to as
"Consultant. "
RECITALS
City requires the services of Wilson Engineering to
provide the necessary architectural/engineering design for
preparation of final plans and specifications for Carlsbad
Boulevard Storm Drain Interceptor; 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 SCOPE OF WORK
Task 1 - Prepare a hydrology study to size the storm drain.
Task 2 - Do a field investigation to locate the inlets and
outlets of all storm drains which cross Carlsbad
Bolevard. This task will include dye testing of all
lines as needed.
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Task 3 - Conduct a field survey of utilities and interferences in
Carlsbad Boulevard. This task will include picking up
inverts on pothole interferences.
Task 4 - Prepare a set of detailed, biddable plans, including a
traffic control plan.
Task 5 - Prepare a set of specifications.
Task 6 - Prepare detailed quantity take-offs and final
constructionn cost estimate(s) based on unit prices from
recently bid projects.
Task 7 - Provide assistance during bidding.
Task 8 - Prepare coastal commission permit application and process
as required.
2. CITY OBLIGATIONS
1. Forty scale aerial topographic mapping on mylar based
sheets of the complete project area required and suitable
for use in preparing project plan sheets, horizontal and
vertical control surveying information, and related survey
notes and cross sections. This information will be made
available to Consultant immediately upon award of
contract.
2. Blueline prints of project area aerial photos at forty
scale are available upon award of contract.
3. All available record information and street and utility
plans within the project area. This would include all
City owned and maintained utilities such as storm drain,
sewer and street lighting facilities. This information
be made available within one week of award of contract.
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4. City's Utilities Maintenance Division personnel shall be
available for a field walk-through of the project area and
shall assist the Consultant by indicating the status and
location of sewer and drainage facilities. This field
walk-through shall occur within one week after contract
award.
5. Soils reports, as available, from all previous and current
projects within the project area.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) days
after receipt of notification to proceed by the City and be
completed within forty-five (45) days of that date. 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.
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4. FEES TO BE PAID TO CONSULTANT
The fee payable according to Paragraph 5, "Payment of Fees",
shall be based on time and materials, not to exceed $20,000. 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 upon delivery of approved final
documents.
6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the
final designs, the Consultant shall deliver to the City the
following items:
A. Original mylars at scale of the drawings reproducible on
standard 24" by 36" sheets. Blank mylars will be provided by the
City.
B. All final engineering certifications and documents. The
plans shall be signed by a Registered Civil Engineer and/or
Registered Landscaped Architect, as appropriate.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes seem
merited by the Consultant or the City, and informal consultations
with the other party indicate that a change in the conditions of
the Contract is warranted, the Consultant or the City may request a
change in Contract. Such changes shall be processed by the City in
the following manner: A letter outlining 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
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charges or time schedule. After reaching mutual agreement on the
proposal, a supplemental agreement shall be prepared by the City
and approved by the City Council. Such supplemental agreement
shall not render ineffective or invalidate unaffected portions of
the agreement. Changes requiring immediate action by the
Consultant or City shall be ordered by the City Engineer who will
inform a principal of the Consultant's firm of the necessity of
such action and follow up with a supplemental agreement covering
such work.
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications in
accordance with the design standards of the City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
Standards and Regional Standards shall be used where appropriate.
Copies of such standards shall be obtained from the City of
Carlsbad.
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
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consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this Contract, the
City may terminate this Contract for nonperformance by notifying
the Consultant by certified mail of the termination of the
Contract. The Consultant, thereupon, has five (5) working days to
deliver said documents owned by the City and all work in progress
to the City Engineer. The City Engineer shall make a determination
of fact based upon the documents delivered to City of the
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
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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
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 alJL drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting
documents, to be filed 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
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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
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.
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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.
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
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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.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
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25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement with
the City Clerk of the City of Carlsbad in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals,
WILSON ENGINEERING CITY OF CARLSBAD:
Mayor /
Title
APPROVED AS TO FORM: ATTESTED:
S\. V\OL
Assistant City Attorney City Clerk
LOCATION MAP
LEGEND
PROPOSED STORM
DRAIN INTERCEPTOR
VICINITY MAP
JIT?
PROJECT NAME
CARLSBAD BLVD. STORM DRAIN INTERCEPTOR
PROJ. NO.
3229
EXHIBIT
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