HomeMy WebLinkAbout1988-01-05; City Council; 9258; Cannon RD & Carlsbad BL consultant agreementCiy OF CARLSBAD - AGEND -3ILL "5.@&@
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0 1/ 05/88 TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF IMPROVEMENTS TO CANNON ROAD AND CARLSBAD BOULEVARD
RECOMMENDED ACTION:
Adopt Resolution No. 8a-3 approving a consultant agreement with
the Rick Engineering Company for the design of improvements to Cannon Road and Carlsbad Boulevard, Project No. 3270.
ITEM EXPLANATION:
In the 1987-88 Capital Improvement Program budget, the City Council has appropriated funds for the design and construction of improvements to Cannon Road from the AT&SF railroad westerly to Carlsbad Boulevard and on Carlsbad Boulevard from Tierra del Oro
to Shore Drive.
Staff solicited and received seven (7) consultant proposals for the design of this project. After review of the consultant proposals, the Rick Engineering Company was identified by staff as the firm recommended to design this projeyt.
This project will require environmental review, a California
Coastal Commission permit, thorough study of the proposed
intersection improvements to Cannon Road and Carlsbad Boulevard
including adjacent access points for SDGfE, analysis of right-of- way requirements, as well as coordination with utility companies
and property owner groups.
FISCAL IMPACT:
General Capital Construction funds in the amount of $750,000 have
been appropriated for this project and are available in the
project account, No. 300-820-1840-3270. The attached standard City consultant agreement incorporates the firm's scope of work and negotiated design fees in the amount of $49,000.
EXHIBITS :
1. Location Map.
2. Resolution No. 88-3 approving a consultant agreement with the Rick Engineering Company for the design of improvements to Cannon Road and Carlsbad Boulevard, Project No. 3270.
3. Consultant Agreement.
LOCATION MAP
PROJ- NO. EXHIBIT
13270 I 1 NRmE~~ RL s B A D BO u L E v A R D
CANNON ROAD
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RESOLUTION NO. 88-3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AWARDING A CONTRACT FOR DESIGN SERVICES FOR THE CARLSBAD BOULEVARD AND CANNON ROAD IMPROVEMENTS, PROJECT NO. 3270
WHEREAS, proposals have been solicited from qualified
engineering firms to perform design services for the Carlsbad
Boulevard and Cannon Road improvements, Project No. 3270; and
WHEREAS, the firm of Rick Engineering Company has been
selected to perform said services; and
WHEREAS, the City Council of the City of Carlsbad finds it
necessary and in the public interest to proceed with the design
and construction of this project in accordance with the 1987-88
Capital Improvement Program budget:
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.
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2. That the firm of Rick Engineering Company is hereby
selected to perform the aforementioned design services for the
Carlsbad Boulevard and Cannon Road improvements, Project No.
3270.
3. That the Mayor and City Clerk are hereby authorized and
directed to execute the City of Carlsbad/Rick Engineering
Company consultant agreement for the design of said project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 5th day of January I
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None &bd/A27
CLAUDE A. LEWIS, Mayor
ATTEST :
Re&
ALETHA L. RAUTENKRANZ, City Qerk
(SEAL)
AGREEMENT FOR ENGINEERING SERVICES
day THIS AGREEMENT, made and entered into as of the
, 1988, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as @@City,@@ and the
RICK ENGINEERING COMPANY, hereinafter referred to as
*@Consultant. @@
Of - RECITALS
City requires the services of an engineering consultant to
provide the necessary design services for preparation of final
plans and specifications for the design of intersection
improvements to Carlsbad Boulevard and Cannon Road; and
Consultant 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 Consultant agree as
follows:
1. CONSULTANT ' S OBLIGATIONS
To prepare complete plans and specifications for the
Carlsbad Boulevard and Cannon Road intersection improvements and
utilities undergrounding as outlined on Exhibit A.
2. CITY OBJJ GATIONS
The City shall:
a. Provide the Consultant with the available storm drain
plans for Carlsbad Boulevard.
b. Provide the Consultant with plain mylars.
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Negotiate and obtain easements from the property owners. c.
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.
4. FEES TO BE PAID TO CONSULTANT
The lup sum fee payable according to Paragraph 5, "Payment
of Fees," shall be $49,000. No other compensation for services
will be allowed except those items covered by supplemental
agreements per Paragraph 7, "Changes in Work.Il
5. PAYMENT OF FEES
Payment of fees shall be on time and materials basis, not
exceed $49,000 and per the following percentages:
a.
b.
C.
d.
e.
Research and documentation 10% of contract price
Preliminary plans and specifications
30% of contract price
Final plans and specifications 30% of contract price
After review and signing of plans 20% of contract price
After construction completion Final 10% for field changes and plan modifications
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6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the
final design, the Consultant shall deliver to the City the
following items:
a. Original mylars at scale of the drawings reproducible
on standard 24" by 36'l 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 Landscape 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 by 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, 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
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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 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 fee, gift, or contingent fee.
10. *CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
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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.
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 resolutian
which would be of benefit to both parties. The City Engineer or
principal receiving the letter shall reply to the letter along
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with a recommended method of resolution within ten 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 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
(10) days.
The Consultant is hired to render professional services of
designing and drawings for intersection improvements to Carlsbad
Boulevard and Cannon Road and any payments made to Consultant
are compensation solely for such services. Consultant shall
certify as to the correctness of all designs and sign all plans,
specifications, and estimates furnished with Registered Civil
Engineer's number.
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 o€ termination, the Consultant
shall be paid for work performed to the termination date;
however, the total shall not exceed the guaranteed total maximum.
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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.
The Consultant is an independent contractor of the City.
The payment made to the Consultant pursuant to this contract
shall be the full and complete compensation to which the
Consultant is entitled.
State tax withholdings on behalf of the Consultant. The City
shall not be required to pay any workers' compensation insurance
on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which the City
may be required to make on behalf of the Consultant or any
employee of the Consultant for work done under this agreement.
The City shall not make any Federal or
The Consultant 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
eligibility for employment of all agents, employees,
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subcontractors, and consultants that are included in this
agreement.
16. CONFORMITY TO LEGAL REO UIREMENTS
The Consultant shall cause all 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 DO- NTS
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 to 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 shaIl have the right to make
one (1) copy of the plans for his/her records.
18. HOLD HARMLESS AGREEME NT
The City, its agents, officer, 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
intentional or negligent acts, errors or omission of Consultant
or Consultant's agents, employees, or representatives.
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Consultant agrees to defend, indemnify, and save fee 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 liability on account of any of the
foregoing liabilities, including liabilities or claims by reason
of alleged defects in any plans and specifications.
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. VERBALLY 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 entitles 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,I' 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 in accordance with
the requirements of the city of Carlsbad Conflict of Interest
Code.
26. INSURANCE
The Consultant shall obtain and maintain a policy of
liability insurance from an insurance company authorized to be in
business in the State of California, in an insurable amount of
not less than one million dollars ($1,000,000). This insurance
shall be in force during the life of this agreement and shall
not be cancelled without ten (10) days prior notice to the City.
The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
RICK ENGINEERING COMPANY
A ROVED AS TO FORM: fi R k 1,L.m
Assistant City Attorney
ATTESTED :
SCHEDULE A
Aerial Top0
$ 4,400
Final Office Engineerinq
Improvement Plans E as em en t s
Traffic Signal, Street Striping, and
Traffic Control Plan
$14,400
6,000
8,800
$29,200
Landscape Plan
$ 2,500
Utility Plan
$ 7,600
Miscellaneous Engineerinq
Coastal Permit Specifications
Survey Existing Conditions
TOTAL
Additional Expenses (Estimate Only)
Blueprinting, Reproduction, Title Reports,
and Deliveries
TOTAL
$ 500
1,000
800 m
$46,000
$ 3,000
$49,000
EXHIBIT A