HomeMy WebLinkAbout1989-01-03; City Council; 9805; Rancho Santa Fe RD improvements agreementdB# pg*5
MTG. 1/3/89
DEPT. MP
RECOMMENDED ACTION:
Adopt Resolution No. 84- 5 approving a consultant agreement
with BSI Consultants, Incorporated, for the design of Interim Roadway Improvements to Rancho Santa Fe Road, Project No. 3315 and appropriating project funds.
=CONSULTANT AGREEMENT FOR THE DESIGN OF INTERIM ROADWAY IMPROVEMENTS TO RANCHO SANTA FE ROAD, PROJECT NO. 3315 CITY MGW-
ITEM EXPLANATION:
On September 27, 1988, City Council adopted Resolution No. 88-
355 authorizing staff to solicit proposals from qualified civil
engineering firms to prepare final plans and specifications for interim roadway improvements to a portion of Rancho Santa Fe Road north of Cadencia.
Subsequently, staff prepared a detailed scope of work for the design of this project and proposals were solicited from thirteen
(13) qualified engineering firms. Six (6) formal proposals were
submitted and after a review by staff, BSI Consultants, Incorporated was identified as the firm submitting the most comprehensive and complete design proposal. The attached
consultant agreement includes all field survey work and design services necessary to complete the design of the project within twelve (12) weeks of receipt of the Notice to Proceed. Also included will be the preparation of necessary easement documents, legal descriptions and acquisition plats for required private property right-of-way necessary to construct the interim roadway improvements. Staff recommends approval of the attached consultant agreement.
The interim roadway improvements will consist of removing the existing 8rS8* curve and realigning approximately 1,600 lineal feet
of Rancho Santa Fe Road north of Cadencia Street and providing a left turn lane at Cadencia Street for northbound to westbound traffic. In addition, the consultant will provide the necessary signing and striping plans, right-of-way requirements, and explore median barrier alternatives.
It is anticipated that the acquisition of roadway easements will
be necessary in order to install the proposed improvements.
Specific right-of-way requirements will be determined after the consultant has identified the proposed realignment.
FISCAL IMPACT:
The attached consultant agreement provides for a lump sum fee cost of $28,000 to perform all necessary design services for the project. Staff recommends approval of the attached consultant agreement.
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Page Two of Agenda Bill No. YfOK
The preliminary project estimate in advance of completion of
final construction documents is $275,000. Staff recommends a
transfer from the General Funds’ Contingency Account in this amount and an appropriation of these funds to the Project Account No. 3315 to enable the proceeding with the design and construction of the interim roadway improvements.
EXHIBITS :
1. Location map.
2. Resolution No. fy-3’ approving a consultant agreement with
BSI Consultants, Incorporated for the design of Interim Roadway Improvements to Rancho Santa Fe Road, and an appropriation of project funds.
3. Consultant agreement.
LOCATION MAP .
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PROJECT NAME:
VICINITY MAP IEXHIBIT I RANCHO SANTA FE ROADWAY IMPROVEMENTS
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A RESOLUTIO
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RESOLUTION NO. 89-5
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 INTERIM ROADWAY IMPROVEMENTS TO RANCHO SANTA FE ROAD
WHEREAS, proposals have been received by the City of
Zarlsbad for the design of interim roadway improvements to
Rancho Santa Fe Road; and
WHEREAS, the firm of BSI Consultants, Incorporated has
been selected to perform the design services in the amount of
$28,000; and
WHEREAS, funds in the amount of $275,000 are available in
the General Fund Contingency account for the design and
zonstruction costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That 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
interim roadway improvements to Rancho Santa Fe Road, is hereby
accepted and the Mayor and City Clerk are hereby authorized and
directed to execute said agreement.
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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.
4. That the City Council does hereby approve and
authorize a transfer and appropriation of funds in the amount of
$275,000 from the General Fund Contingency Account to the
Project Account No. 3315 for this project.
PASSED, ADOPTED AND APPROVED at a regular meeting of the
Carlsbad City Council held on the 3rd day of January I
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
mUDE A mIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City aerk
( SEAL)
.- A
AGREEMENT FOR DESIGN SERVICES
FOR INTERIM ROADWAY IMPROVEMENTS TO
RANCHO SANTA FE ROAD
THIS AGREEMENT, made and entered into as of the 3rd day of
January, 1989, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City, and BSI
CONSULTANTS, INCORPORATED, hereinafter referred to as
IIConsultant .
RECITALS
City requires the services of a Civil Engineering consultant
to provide the necessary design services for preparation of final
plans and specifications for Interim Roadway Improvements to
Rancho Santa Fe 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
The Consultant shall perform engineering services for the
City in accordance with the terms, conditions, and project
scope as specified in the Consultant I s Project Proposal
dated December 12, 1988, on file with the City. Consultant
shall perform the following and provide preliminary and
final design drawings, technical specifications, right-of-
way documents, and cost estimates for the proposed project.
Tasks shall include the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
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Establish the ultimate alignment, perform cross
section survey at 50 foot intervals for
approximately 1,600 feet.
Provide a refined schedule of work within two (2)
weeks from the Notice to Proceed, however, in no
case, shall the completed design of the project be
submitted to City later than twelve (12) weeks
from said Notice to Proceed.
Develop two (2) alternative concept alignments.
Prepare complete final plans and technical
specifications subject to review and approval of
the City.
Prepare a cost estimate of the project and an
estimate of time required to construct the
pro j ect .
Prepare signing and striping plans for the
"Preferred Alignmentv1.
Provide right-of-way engineering for a maximum of
five (5) parcels to include legal descriptions,
acquisition plats, easement deeds (deed forms to
be provided by the City) and preliminary title
reports.
Review shop drawings and paving mix designs
submitted by the contractor.
Attend the preconstruction meeting and answer
questions regarding the plans and specifications.
Attend two (2) public meetings to discuss the
project in detail as required.
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2. CITY OBLIGATIONS
The City shall provide:
A. One (1) set of Standard City contract documents.
B. A sufficient number of blank mylar plan sheets with
City title block.
C. Relevant City street drawings and improvements plans to
show existing conditions.
D. Geotechnical services including soils testing and
soils report for recommended pavement section.
3. PROGRESS AND COMPLETION
The work under this Contract will begin immediately upon
receipt of notification to proceed by the City and be completed
within twelve (12) weeks 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.
All right-of-way documents including easement deeds,
acquisition plats, legal descriptions, and preliminary title
reports shall be prepared and expedited by Consultant and shall
be delivered to City in complete and final form no later than
eight (8) weeks following receipt of the Project Notice to
Proceed.
4. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, "Payment
...
of Fees," shall be $28,000. No other compensation
will be allowed except those items covered by
agreements per Paragraph 7, IIChanges in Work.It
5. PAYMENT OF FEES
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for services
supplemental
Payment of fees shall be on a monthly basis. Invoices
submitted by the first of the month shall be paid thirty (30)
days hence.
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
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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
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. Consultant shall incorporate by reference into the
project specifications and plans use of the Standard
Specifications for Public Works Construction (Green Book), 1988
edition.
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,
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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
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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'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.
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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
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 professional design
services for preparation of final plans and specifications for
Interim Roadway Improvements to Rancho Santa Fe 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
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product to 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 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 cornpensation 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' 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 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 REQUIREMENTS
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; however, by this Agreement 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.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable
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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 omission 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
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
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noted to the contrary in the subcontract
writing by the City.
21. PROHIBITED INTEREST
in question approved in
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, ttHold 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,
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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
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.
BSI CONSULTANTS, INCORPORATED CITY OF CARLSBAD:
Title
APPROVED AS TO FORM:
Assistant City Attorney
Mayor
ATTESTED :
City Clerk