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HomeMy WebLinkAbout1989-08-22; City Council; 10211; Tamarack AV alignment agreementQ 0 9 B .. z 0 E 8 a 2 0 z 3 dB#+ MTG. 8/22/89 DEPT. MP -APPROVE A CONSULTANT AGREEMENT FOR THE TAMARACK AVENUE ALIGNMENT STUDY JEFFERSON TO CARLSBAD BOULEVARD ITEM EXPLANATION: On August 21, 1984, the City Council reclassified Tamarack Avenue from a secondary arterial to a collector street with a 48 foot curb-to-curb width, including two travel lanes, two parking lanes and two bike lanes within an 80 foot right-of-way. At the time, no alignment study had been performed to precisely locate the acquisition of the 80 foot right-of-way. In order to establish the most viable alternate with the least impact on the existing houses on the north and south of Tamarack, the City selected the firm of Leedshill-Herkenhoff, Incorporated, to prepare a minimum of five (5) alternative alignments to be presented to the City Council and residents of Tamarack Avenue, for consideration. The study will be completed by February, 1990. Fiscal Impact Funds in the amount of $100,000 were appropriated for the design in the 1988-89 Capital Improvement Program and are available in Account No. 320-820-1840-3203 to cover the alignment study costs in the amount of $29,406. Exhibits 1. Location Map 2. Consultant Agreement 3. Resolution No. 8?r3m. approving a Consultant Agreement with Leedshill-Herkenhoff, Incorporated, for the Tamarack Avenue Alignment Study. LOCATION MAP I NTERSTATE 5 CARLSBAD BOULEVARD, '\ \\ TAMARACK BEACH LEGEND AREA TO BE IMPROVED PROJECT NAME 1 PROJECT # I 3203 TAMARACK AVENUE JEFFERSON STREET TO CARLSBAD BOULEVARD EX HI 611 1 ,I '.ctF I----,, a I - t;- 2 sr 6 r'iir ' \, " I:& AGREEMENT FOR TAMARACK AVENUE ALIGNMENT STUDY THIS AGREEMENT, made and entered into as of the -2Znd day of August , 1989, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as llCity,ll and Leedshill- Herkenhoff, Incorporated, hereinafter referred to as llConsultant.ll RECITALS City requires the services of an Leedshill-Herkenhoff, Inc. consultant to provide the necessary services for the alignment study to improve Tamarack Avenue from Jefferson to Carlsbad Boulevard; 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 A. Perform preliminary alignment studies, for a minimum of three (3) horizontal alignments. B. Prepare cost estimates, including undergrounding utilities and right-of-way acquisition costs for each alternative. C. Make recommendations in selecting the alternatives. D. Present recommendations at public hearings of the Planning Commission, City Council, and a minimum of three neighborhood meetings. -. 2 E. Prepare colored aerial photographs at scale of 1 inch equals 20 feet for the entire job. The alignment studies shall be based on the following road widths: ALTERNATE I: Curb to curb width of 44 feet within 64 feet of right-of-way, with no parking, bike lanes, and striped continuous left turn lane (minimum of two horizontal alignments). ALTERNATE 11: Curb to curb width of 64 feet within 80 feet of right-of-way with parking lane, bike lanes, and raised landscaped median, also alternate with striped continuous left turn lane (minimum of two horizontal alignments). ALTERNATE 111: Hybrid of Alternate I and I1 Each alternate shall be shown in plan and profile also scale of 1" = 20' with cross sections and all topographic information shown (houses, fences, contours at 2' intervals, existing pavement, and right-of-way lines. 2. CITY OBLIGATIONS The City shall: A. Provide traffic counts and future traffic volumes. B. Provide available improvement plans. C. Provide plain mylars. 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 one hundred fifty (150) days of that date. Extensions of time may be granted if requested by the Consultant 3 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 lump sum fee payable according to Paragraph 5, IIPayment of Fees," shall be $29,406, and, per detail on Exhibit vfA,g' no other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work. It 5. PAYMENT OF FEES Payment of fees shall be upon the completion, delivery, and approval of each task as outlined on the attached Exhibit IrA." 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the final alignment, the Consultant shall deliver to the City the following items: a. Original mylars at scale of the drawings reproducible on Blank mylars will be provided by the standard 24" by 36" sheets. city. b. Base maps, cost estimates, colored aerials, rights-of-way documents. 4 c. 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 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. 5 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. NONDISCRIMINATION CLAUSE 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 Engineer. The City Engineer shall make a determination 6 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 resolution which would be of benefit to both parties. The City Engineer 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. 7 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services in providing a complete alignment study with required alternates for Tamarack Avenue widening from Jefferson to Carlsbad Boulevard and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all right-of-way plans and descriptions and sign all plant reports, base maps, 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 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 Consultantls independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the 8 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' 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 eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 16. CONFORMITY TO LEGAL REOUIREMENTS 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. 9 The City will provide copies of the approved plans to any other agencies. 17. OWNERSHIP OF DOCUMENTS 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 shall have the right to make one (1) copy of the plans for his/her records. 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 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. I. 10 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. 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 11 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,Il 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. 12 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. (CONSULTANT IS NAME) APPROVED AS TO FORM: \ ATTESTED : EXHIBIT "A" FEE PROPOSAL TAEWRACK AVENUE ALIGNMENT STUDY Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Base Mapping Right of Way Researching and Plotting 5 Alignments Right of Way Cost Estimates 5 Alignment Cost Estimates Colored Aerial (scale 1" = 20') Report Meetings LUMP SUM FEE $ 7,474.00 702.00 8,256.00 5,748.00 2,248.00 565.00 2,060.00 2,353.00 Total Lump Sum $29,406.00 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING A CONTRACT FOR ALIGNMENT STUDY FOR THE TAMARACK AVENUE FROM JEFFERSON STREET TO CARLSBAD BOULEVARD PROJECT NO. 3203 WHEREAS, proposals have been solicited from qualified engineering firms to perform an alignment study for Tamarack Avenue from Jefferson Street to Carlsbad Boulevard: and WHEREAS, the firm of Leedshill-Herkenhoff Incorporated has been selected to perform said services; and WHEREAS, the City of Carlsbad desires to have Leedshill- Herkenhoff, Inc. perform an alignment study for Tamarack Avenue. WHEREAS, funds in the amount of $100,000. are available in Account No. 320-820-1840-3203 to cover the alignment study costs. 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. /// /// /// /// /// /// /// /// /// /// /// /// L 1 2 3 4 5 6 7 E 9 1c 11 12 12 14 1f 1E 15 1€ 1s 2c 21 22 2: 24 2: 2E 25 2€ 2. That the firm of Leedshill-Herkenhoff, Incorporated is hereby selected to perform an alignment study for Tamarack Avenue, for a not to exceed amount of $29,406. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of ~ueust , 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux & Pettine NOES: None ABSENT: None ATTEST: Q &HA L. RAUTENKRANZ, City Clerk 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 August 28, 1989 Leedshill-Herkenhoff, Inc. 10225 Barnes Canyon Rd., Suite A210 San Diego, CA 92121 Attn: Charles Bras Re: Consultant Agreement for Alignment of Tamarack Avenue from Jefferson Street to Carlsbad Boulevard The Carlsbad City Council, at its meeting of August 22, 1989, adopted Resolution No. 89-300, approving an agreement with your company to perform an alignment study of Tamarack Avenue from Jefferson Street to Carlsbad Boulevard. Enclosed for your records is a copy of the fully executed agreement as well as a copy of Resolution No. 89-300. In accordance with Section 25 of the Agreement, your company is required to file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. requirements is a Form 730 and Instruction Manual. Enclosed for your use in meeting your filing Your completed Assuming Office Statement (Form 730) should be filed with the City Clerk of the City of Carlsbad no later than 5:OO P.M., on September 21, 1989. If you have any questions regarding the filing requirements, please give us a call. $* eputy City Clerk Encs .