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HomeMy WebLinkAbout1988-01-05; City Council; 9258; Cannon RD & Carlsbad BL consultant agreementCiy OF CARLSBAD - AGEND -3ILL "5.@&@ i~# 92& JITG. 1EPT.A 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 d 1 2 3 4 5 6 7 a 9 10 11 12 12 14 1I 1C 17 1f 1s 2c 21 2: 22 24 21 2( 2' 2I 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. /// /// /// /// /I/ /// /// /// /// /// /// 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 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. 2 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 3 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 4 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. 5 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 6 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. 7 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, 8 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. 9 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. 10 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. 11 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