HomeMy WebLinkAbout1988-11-22; City Council; 9733; Monroe ST & Marron ST improvements agreementAB# 93qn
MTG. 11/22/88
DEPT. MP
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RECOMMENDED ACTION:
TITLE:
CONSULTANT AGREEMENT FOR
OF IMPROVEMENTS TO MONROE AND
MARRON STREETS, PROJECT
Adopt Resolution ~o.88-%4 approving a consultant agreement with BSI Consultants, Incorporated, for the design of improvements to Monroe and Marron Streets.
ITEM EXPLANATION:
On June 7, 1988, the City Council approved the issuance of Certificates of Participation for the purchase of Hosp Grove which included the appropriation of $650,000 from the Hosp Grove
bond sale for the improvements to Monroe and Marron Streets.
Improvements are to include the widening of approximately 1,300
feet of Monroe Street between Hosp Way and Marron, installation
of storm drain improvements, and construction of modifications to
the traffic signal and intersection configuration at Monroe and
Marron.
Subsequent to this Council action, staff has prepared a project
scope of work and solicited design proposals from qualified engineering firms to design the improvements. Following the review of the received proposals, staff identified BSI Consultants, Incorporated as the firm submitting the most comprehensive project scope and recommends their selection to design this project. The attached consultant agreement includes
all field work and design services necessary to complete the
design of the project within seventy (70) calendar days of
receipt of a notice to proceed. Staff recommends approval of the
attached consultant agreement.
It is believed that all improvements will be accomplished within
existing City right-of-way. All environmental work which may
include a California Coastal Commission permit because of the
proximity to Buena Vista Lagoon will be performed during the
course of the design of the project.
FISCAL IMPACT:
The City Council has previously adopted Resolution No. 88-187 on June 7, 1988 which directed staff to proceed with the design and
construction of the improvements and appropriated $650,000 for
the project. The attached consultant agreement identifies a
lump sum fee cost of $34,500 to perform all necessary design
services for the project.
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Page Two of Agenda Bill No. "13.1
EXHIBITS:
1. Location map.
2. Resolution No. 88-YbY approving a consultant agreement with
BSI Consultant, Incorporated for the design of improvements
to Monroe and Marron Streets.
3. Consultant agreement.
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.LOCATION MAP
LEGEND
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AREA TO ......... ................... ........... ..:.:.:. ...................
ELM AVENUE
vlcm MAP
N. T. S.
PROJECT # PROJECT NAME MARRON ROAD AND
3308 MONROE STREET IMPROVEMENTS
EXHIBI'
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RESOLUTION NO . 88-404
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BSI CONSULTANTS, INCORPORATED, FOR THE DESIGN OF STREET IMPROVEMENTS TO
WHEREAS, proposals have been received by the City of
Carlsbad for the design of street improvements to Monroe and
Marron Streets; and
WHEREAS, the firm of BSI Consultants, Incorporated has
been selected to perform the design services in the amount of
$34,500; and
WHEREAS, funds in the amount of $650,000 are available in
the Project No. 3308 as previously appropriated by the City
Council for the design and construction costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. The above recitations are true and correct.
2. That a consultant agreement between the City of
Carlsbad and BSI Consultants, Incorporated for the design of
street improvements to Monroe and Marron Streets, a copy of
which is hereto marked "Exhibit A" and made a part thereof, is
hereby accepted and the Mayor and City Clerk are hereby
authorized and directed to execute said agreement.
3. Following the Mayor's signature of the agreement,
the City Clerk is further authorized and directed to forward
copies of said agreement to BSI Consultants, Incorporated, 16880
West Bernard0 Drive, San Diego, CA 92127 and the Municipal
Projects Department for their files.
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4. That the Consultant fee of $34,500 by BSI
Consultants, Incorporated for the design of street improvements
to Monroe and Marron Streets is hereby accepted.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 22nd day of November I
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ATTEST:
ALETHA L. RAUTENKRANZ, City &erk
&zL /<17&
(SEAL)
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into as of the 22nd day of
November, 1988, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as t@City,ll and BSI
CONSULTANTS, INCORPORATED, hereinafter referred to as
ltConsultant.
RECITALS
City requires the services of a Civil Engineering
consultant to provide the necessary design services for
preparation of final plans and specifications for the
improvements to Monroe Street between Hosp Way and Marron 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
Perform the following scope of work:
A. Provide completed plans and specifications including
irrigation and landscaping where necessary and perform
cross section survey at 50 foot intervals for
approximately 1300 feet south of the intersection of
Monroe and Marron.
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B.
C.
D.
E.
F.
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J.
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Provide a schedule of work within two (2) weeks from
the Notice to Proceed.
Prepare and submit an Environmental Impact Assessment
on City provided forms, and an application for a
Coastal Development Permit.
Prepare complete final technical specifications subject
to review and approval of the City.
Prepare design revision to existing signal at the
intersection of Monroe and Marron Road.
Prepare a cost estimate of the project and an estimate
of time required to construct the project.
Review shop drawings and paving mix designs submitted
by the contractor.
Attend the preconstruction meeting and answer questions
during the bidding period regarding the plans and
specifications.
Attend two (2) public meetings to discuss the project
in detail as required.
Incorporate into the overall design effort, plans and
specifications for the extension of an existing 48"
diameter storm drain. The storm drain will be extended
from its present outlet approximately 11001 south of
the Monroe and Marron intersection and connect to the
existing siltation basin outlet pipe located
approximately 200' west of the intersection. All costs
associated with locating or potholing of existing
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utilities will be provided by Consultant.
K. Prepare a grading plan for the Southeast quadrant of
Monroe Street and Marron Street extending 250' Easterly
of the Easterly right-of-way and Southerly
approximately 5001 from station 30 + 00 to 44 + 00 as
shown on City of Carlsbad drawing #206-2 (Project 80-
91). Appropriate soil reports to be prepared by the
City of Carlsbad.
L. Conduct a hydrology study for the master planned
drainage facility shown on Monroe Street from Marron
Street to approximately 1300 Southerly; and Westerly
approximately 200' from Monroe Street to the existing
drainage facility located on the Southerly side of
Marron.
M. Conduct additional design survey, cross sections to
include natural drainage swale where it conflicts with
the proposed road improvements located on the Westerly
side of the proposed road from station 33+ 50 to 40 +
50 and approximately 100' Westerly of proposed
centerline.
N. Provide all original plans in ink on mylar and ready
for the City Engineer's signature.
0. Provide all technical specifications.
P. Provide all originals of survey notes made, calculation
sheets of any computed quantities and a list of
estimated quantities and costs.
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2. CITY OBLIGATIONS
The City shall provide:
A. One (1) set of standards contract and specification
forms .
B. A sufficient number of blank mylar standard drafting
sheets with title block.
3. PROGRESS AND COMPLETION
The work under this Contract will begin immediately after
receipt of notification to proceed by the City and be completed
within seventy (70) calendar days of that date. Extensions of
time may be granted if requested by the Consultant and agreed to
in writing by the City Manager or his designated representative.
In consideration of such requests, the City Manager 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 lump sum fee payable according to Paragraph 5, IgPayment
of Fees," shall be $34,500. No other compensation for services
will be allowed except those items covered by supplemental
agreements per Paragraph 7, "Changes in Work.1g
5. PAYMENT OF FEES
Invoices
submitted by the first of the month shall be paid thirty (30)
days hence.
Payment of fees shall be on a monthly basis.
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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" 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 Manager or his designated representative who will inform
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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. 1
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. NONDISCRIMINATION 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's Project Manager. The City Manager 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 Manager.
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 Manager or
principal receiving the letter shall reply to the letter along
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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 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 necessary professional
design services for preparation of final plans and specifications
for the improvements to Monroe Street between Hosp Way and Marron
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,
(or Landscape Architect's registration 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 of termination, the Consultant
shall be paid for work performed to the termination date;
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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.
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. The City shall not make any Federal or
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' cornpensation 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 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
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eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this
agreement.
16. CONFORMITY TO LEGAL REUUIREMENTS
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 DOCUMENTS
The City acknowledges that the following referenced
materials are the Consultant's instruments of service and are not
products and, as such, they are normally the property of
Consultant t however, by this agrement for these projects only,
all plans, studies, sketches, drawings, reports, and
specifications as herein required will become 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 completed
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.
Any use of these materials on these projects, if not completed on
a timely basis, or any other projects, without the prior written
consent of Consultant, shall be at the sole risk of the City.
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18. HOLD HARMLESS AGREEMENT
The City, its 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 claimed to have been
caused by, or resulting from, any intentional or negligent acts,
errors or omissions of Consultant or Consultant's agents,
employees, or representatives. Consultant agrees to defend,
indemnify, and save free and harmless the City and its 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.
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
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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 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
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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," 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.
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
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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.
(CONSULTANT ' S NAME) CITY OF CARLSBAD:
BV %io= I Vice President Mayor
Title
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk