HomeMy WebLinkAbout1987-06-16; City Council; 8919-1; La Costa AV & El Camino Real intersection contractB# gg/?-*/
06/16/87
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ITEM EXPLANATION:
~7191987, the Carlsbad City Council authorized the
advertisement for bids for the construction of intersection
improvements at La Costa Avenue and El Camino Real, Project No.
3215. Four (4) sealed bids were received on June 3, 1987, as
follows:
~AWARD OF CONTRACT FOR THE CONSTRUCTION
OF INTERSECTION IMPROVEMENTS AT
LA COSTA AVENUE AND EL CAMINO REAL
1. R. E. Hazard Contracting Company
2. Powell Construction Company
3. T. B. Penick & Sons, Inc.
4. South Coast Asphalt
$678,838.00
795,383.50
731,471 .OO
917,702.33
The Engineer's Estimate for the construction portion of this
project is $737,455. References have been verified on the low
bidder and staff recommends the award of this contract to the
R. E. Hazard Contracting Company.
Staff recommends retention of the design engineer, Willdan
Associates, to provide resident inspection and landscaping
supervision services for this project as well as the accompanying
the La Costa Avenue Mitigation Project, No. 3233.
All necessary right-of-way interests for both the intersection
improvements, as well as the accompanying Mitigation project,
have been secured. Construction will begin on both projects in
early July and conclude in early November. -
FISCAL -IMPACT:
Funds in the amount of $990,000 have been appropriated for the
construction portion of this project in the current C.I.P. budget
from the Traffic Impact Fee Fund and are available in the project
account No. 133-820-1840-3215 for this project. A summary of the
estimated project costs is as follows:
Page Two of Agenda Bill No. 89/9-"/
Project Construction
Construction Contingencies (1 5%)
Inspection
Soils Testing
Project Administration
Project Design
Right-of-way Acquisition Services
Righ t-of -Way Acquisition
$ 678,838 (est.)
101,825 (est.)
25,000 (est.)
10,000 (est.)
15,000 (est.)
100,000 (est.)
104,200 (est.)
293;OOO (est.)
Total estimated project costs $1,327,863 (est.)
Current Appropriations: - Prior year $ 50,000 (est.) - 86-87 CIP for construction 990,000 - Engineering and right-of-way services 130,622 - Right-of-way acquisition 293;ooo
Tot a1 Project Appropriations $1,463,622 (est.)
This project is funded entirely from Traffic Impact Fee Funds and
is therefore exempt from Proposition H limitations.
EXHIBITS :
1. Location Map
2. Resolution No. 91 '5 accepting bids, awarding Contract No.
3215 for the construc ion of intersection improvements at La
Costa Avenue and El Camino Real to the R. E. Hazard
Contracting Company, and awarding a consultant agreement to
Willdan Associates for resident inspection and landscaping
supervision services.
3. Consult ant Agreement.
LOCATION MAP
INTERSECTION AT EL CAMINO REAL I 3215
LEGEND
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RESOLUTION NO. 9115
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING BIDS, AWARDING CONTRACT NO. 3215,
AND APPROVING A CONSULTANT AGREEMENT FOR THE CONSTHUCTION
OF INTERSECTION IMPROVEMENTS TO LA COSTA AVENUE AND EL
CAMINO REAL, PROJECT NO. 3215
WHEREAS, bids have been received by the City of Carlsbad
for the construction of intersection improvements to La Costa
Avenue and El Camino Real, Project No. 3215; and
WHEREAS, the low bid received for said project was
submitted by R. E. Hazard Contracting Company in the amount of
$678,838; and
WHEREAS, sufficient funds are available in account No.
133-820-1840-3215 for this project;
WHEREAS, it is desirable and in the public interest to
award a consultant agreement to provide resident inspection and
landscaping supervision services for said project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the bid of $678,838 by the R. E. Hazard
Contracting Company for the construction of the intersection
improvements to La Costa Avenue and El Camino Real, Project No.
3215, is hereby accepted and the Mayor and City Clerk are
hereby authorized to execute a contract thereafter.
3. That the Mayor and City Clerk are hereby authorized to
execute the consultant agreement with Willdan Associates for
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resident inspection and landscaping supervision services
attached hereto and incorporated by reference herein.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 16th day of June 9
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ATTEST:
(SEAL)
AGREEMENT FOR CONSTRUCTION INSPECTION AND
LANDSCAPE SUPERVISION SERVICES
THIS AGREEMENT, made and entered into as of the day of
, 1987, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as ItCity," and
Willdan Associates, hereinafter referred to as "Consultant."
RECITALS
City requires the services of a Construction Inspection and
Landscape Consultant for the inspection and supervision of the
City's Carlsbad La Costa Avenue and El Camino Real projqct,
including accompanying mitigation efforts, under the direction of
the Municipal Projects Department of the City; 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:
A. Provide construction inspection and landscape
supervision for the City's La Costa Avenue and El Camino Real
project, No. 3215, and the La Costa Avenue Mitigation project,
No. 3233, hereafter referred to as the "projects", under the
direction of the Municipal Projects Department of the City.
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6. Act as liaison between utility agencies, citizens and
City staff as related to the projects.
C. Coordinate and implement project and traffic safety.
0. Attend such meetings of public or private groups as may
be required in conjunction with the projects.
E. Be "on-call" and on the project sites during all phases
of the construction of the projects until the projects are
completed and accepted by the City of Carlsbad, through and to
include the "as-built" plans submittal and approval.
F. Maintain a schedule of days and hours of availability
during all phases as work is in progress and maintain complete
vigilance of the projects.
G. Provide all personal transportation during the course of
this agreement.
H. Maintain automobile, bodily injury, and property damage
liability insurance covering owned, non-owned, rented and hired
automobiles and other vehicles; the combined single limit for
bodily injury and property damage shall not be less than
$300,000.
1. Provide the City with additional qualified construction
inspectors, if requested by the City of Carlsbad.
2. CITY OBLfGATIONS
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Under the general direction of the Municipal Projects
Department and subject to the provisions of Section 9 of this
agreement, the City shall:
A. Set the schedule of days and hours Consultant shall
work, however, using its best effforts to consider the needs of
Consultant in setting such hours.
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8. Make available to Consultant all records, reports, and
other documents deemed necessary by Consultant to properly
perform the services required by the City.
5. CONSULTANT COMPENSATION
A. Under the general direction of the Municipal Projects
Department and subject to the provisions of Section 9 of this
agreement, the City shall compensate Consultant for inspection
services only in accordance with the terms, conditions, and
services as outlined in the proposal dated December 16, 1986,
which is attached hereto and incorporated by reference herein,
performed under Article 1 above, at a rate of $48.00 per hour.
Said compensation shall be expressly limited to time actuallx at
the office, on the project site, or in the field on behalf of the
City of Carlsbad.
El. Under the general direction of the Municipal Projects
Department and subject to the provisions of Section 9 of this
agreement, Consultant shall provide to City landscape supervision
services only for the La Costa Avenue Corridor Mitigation
Project, No. 3233, in accordance with terms, conditions, and
services as outlined in the proposal dated April 27, 1987, which
is attached hereto and incorporated by reference herein. City
shall compensate Consultant in accordance with said proposal a
lump sum fee of $5,000.
C. It is understood by the parties to this agreement that
the aforementioned hourly rate shall be considered to be the
compensated rate for the duration of the project. The Consultant
warrants that no adjustments in hourly rate shall be requested
during the term of this agreement.
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0. Transportation shall be provided by the Consultant and
no additional compensation shall be paid by City to Consultant
for transportation to or from home to work place or for field
trips within the City on behalf of the City of Carlsbad.
E. Additional expenses related to this agreement for
meetings outside the limits of the City, transportation, meals,
etc., shall be reimbursed by the City on the basis of actual cost
where specifically approved in advance by the City and upon
submission of itemized invoices to the City of Carlsbad.
4. PAYMENT OF FEES
Fees earned pursuant to Section 3A of this agreement shall
be paid by City within twenty (20) days of delivery of monthly
billing based on time and materials expended, provided, however,
that no fees shall be paid until the bill has been verified and
approved by the City. Payment of any fees pursuant to this
section shall not constitute a waiver by City of any breach of
any part of this agreement. Reimbursement pursuant to Section 3D
of this agreement shall be made in accordance with existing City
reimbursement policies.
5, COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bonafide 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 bonafide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or any other consideration contingent upon, or
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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 aqreement price or consideration, or otherwise
recover, the Full amount of such fee, commission, percentage,
brokerage fee, gift, or consultant Fee.
6. NON-DISCRIMINATION CLAUSE
The Consultant shall comply with state and federal
ordinances regarding non-discrimination.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to execute,
deliver, or perform 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 City will give 30 days notice, the Consultant,
thereupon, will deliver all documents owned by the City and all
work in progress to the Municipal Projects Department, of the
project in progress, who shall make a determination of fact based
upon the documents delivered to the 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.
8. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedures 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 project manager
for the Municipal Projects Department. 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's representative 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 Manager for resolution. The City Manager
may then opt to consider the directed solution to the problem.
In such cases, the action of the City Manager shall be binding
upon the parties involved although nothing in this procedure
shall prohibit the parties seeking remedies available to them at
law.
9. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services
only, including construction, inspection and construction
management of assigned projects, and any payments made to
Consultant are compensation solely for such services as
Consultant may render and recommendations consultant may make in
the course of the project(s).
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10. 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 all City documents in the
Consultant's possession and put the same in order for proper
filing and closing and deliver said documents to the City. In
the event of termination, the Consultant shall be paid for work
performed to the termination date. 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 codes of federal regulations.
11. 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 the direction
and control of the project manager and/or Municipal Projects
Manager only as to the assignment of tasks, the result to be
accomplished and the personnel assigned to the project. The
Consultant shall consult with the City as necessary to ensure
compliance with this agreement.
12. OWNERSHIP OF-DOCUMENTS
All plans, studies, sketches, drawings, correspondence,
copies of 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
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documents, plans, specifications, drawings, copies of reports and
studies shall be delivered forthwith to the City. Consultant
shall have the right to make one (1) copy of the documents for
his records.
13. ASSIGNMENT OF -CONTRACT
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The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
14. HOLD HARMLESS AGREEMENT: CITY
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.
15. 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
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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 contrat or any part thereof.
16. 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.
17. SUCCESSORS OR ASSIGNS
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.
18. 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 income investments or interests in real property.
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19. TERM OF CONTRACT
In accordance with Section IE, the term of this agreement
shall run through completion of the aforementioned projects.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WILLDAN ASSOCIATES: CITY OF CARLSBAD:
DAVID M. ASHLtY, Division Mgr.
ATTESTED:
City Attorney V City Clerk
December 16, 1986
Mr. John Cahill
Municipal Projects Manager
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Dear John:
Willdan Associates is pleased to offer our construction management/resident
engineering services to the City of Carlsbad in connection with the construc-
tion of the La Costa Avenue/El Camino Real intersection improvement project
and related mitigation program. These services were incorporated into our
original proposal for the project with the provision that should they be re-
quested by the City a fee would be negotiated.
As these will be high profile projects for the City, we understand the need
for close construction monitoring through the efforts of a thoroughly qualified
resident engineer. This person needs to be familiar with not only the con-
struction details, but also the management aspects of the project, as opposed
to subdivision work where the City's efforts are directed primarily at main-
taining public safety and assuring improvements are constructed in accordance
with the approved plans. A Capital Improvement Project involves a consider-
able number of additional areas of emphasis, including maintaining proper
schedules, payment provisions, and addressing potential contract change
orders. The resident engineer should also be able to communicate effectively
with both the contractor and City staff so that smooth relationships can be
maintained to benefit the project as a whole.
To address the needs of this project, we propose to assign Mr. Bob LeNeve
to the project. Bob is currently working on a number of inspection projects
for the City, primarily the Rancho Santa Fe Road widening program. Since
this project will be wrapping up in the next month or two, it would be an
ideal time to assign Bob this project, particularly with his familiarity with the
City's construction observation procedures and practices.
Mr. LeNeve has over 32 years experience in construction in San Diego
County. As a Registered Civil Engineer, he spent approximately 28 years
with CALTRANS working in all facets of the agency's operation. His field
experience includes 20 years working both as construction inspector and in
the materials testing area. As a construction observer for Willdan Associates,
he performed construction management/resident engineer activities for the
public improvements surrounding the North County Faire project in the City
of Escondido. This project involved the widening and relocation of Via
Rancho Parkway adjacent to Interstate 15, as well as numerous storm drain
6363 GREENWICH DRIVE 9 SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1 19"
December 16, 1986
Letter to John Cahill
CITY OF CARLSBAD
Paae Two
and underground utility lines. Since starting in Carlsbad, Bob has been
involved with inspection for the Carlsbad Boulevard Bridge approach improve-
ments, Rancho Santa Fe Road widening project, and several subdivisions in
the vicinity of Rancho Santa Fe Road. A copy of Bob's resume is attached
for your reference.
Since this project involves the mitigation program which is extremely sensitive
from a biologic standpoint, we would coordinate and supplement Bob's activi-
ties with the mitigation monitoring program previously proposed by Westec
Services .
With respect to the specific scope of services, we propose to maintain a
construction manager/resident engineer on a full-time basis throughout 'the
life of the project. The scope of services would include, but not necessarily
be
1.
2.
3.
4.
5.
6.
7.
8.
9.
limited to, the following:
Provide construction observation services for all elements of work in-
cluding streets, drainage, traffic signals, grading, and relandscaping
p rog ram.
Coordinate testing and survey activities, as required, and act as liaison
between the contractor and the City.
Provide overall project administration, acting as required, on behalf of
the City.
Review and recommend approval of progress payment requests.
Review and maintain files of contractor's wage and employment records
and report, as required.
Review and recommend approval of contract change orders.
Provide constant coordination with the City, permitting agencies, and
utility companies affected by the construction.
Perform final inspections and make recommendations for acceptance by
the City.
Maintain appropriate daily logs of inspection activities and prepare the
necessary final reports and notices.
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December 16, 1986
Letter to John CahiII
CITY OF CARLSBAD
Page Three
With respect to the fee for services, we propose to complete the project on a
hourly rate basis. Our proposed fee is $48.00 per hour, which includes the
full cost for Bob's services, along with incidental costs including his truck,
and inspection equipment.
We appreciate the opportunity to be of continuing service to the City of
Carlsbad and are committed to providing a quality and responsive service on
this project.
Very truly yours,
WI LLDAN ASSOCIATES
Robert M. Sergeant
Division Manager
RMS: sf
LP 86-244
April 27, 1987
Mr. John Cahill CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA. 92009
Subject: Field Inspection of Planting E; Irrigation Work
for La Costa Corridor Mitigation Project
Dear John:
In accordance with your request, following is our proposal to provide
supplemental inspection services specifically for landscaping and irrigation work in connection with the La Costa Avenue Corridor Mitigation project. . As
you are aware, we have provided you with a proposal for inspection of the La
Costa Avenue/El Camino Real intersection project by letter dated December
16, 1986. That proposal includes inspection of the grading operation required
in the Mitigation work.
The services to be provided herein include inspection of the installation of
the irrigation systems and planting of both Riparian and Wetland areas. We
propose to use the firm of Lightfoot Planning Group to provide these services
as follows:
1. 2. Attend preconstruction meetings.
3. Interpret landscape and irrigation plans and specifications during
Coordinate the phasing of landscaping and irrigation construction.
bidding and construction of the mitigation project.
The proposed fee for the above services is a lump sum fee of $5,000.
We appreciate the opportunity to be of continuing service to the City of
Carlsbad and are committed to providing a quality and responsive service on
this project.
Very truly yours,
WILLDAN ASSOCIATES
pdHY&dy David M. Ashley
Division Manager 7
DMA : sf
LP 87-77
6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1199