HomeMy WebLinkAbout1990-06-19; City Council; 10669; APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF THE OAK AVENUE STORM DRAIN AND STREET IMPROVEMENTS PROJECT NO. 3731I L- ur wm~aunu - ~UENIL=;DILL
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AB# ''1 6 b Li DEPT. TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR
MTG. 6/19/90
DEPT. ENG: MP ClTYI THE DESIGN OF THE OAK AVENUE STORM
DRAIN AND STREET IMPROVEMENTS PROJECT NO. 3731 CITY I
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RECOMMENDED ACTION:
Adopt Resolution No. 96"/'79 approving a consultant agreement w
BSI Consultants, Incorporated for the design of the Oak Avel Storm Drain and Street Improvements, Project No. 3731.
ITEM EXPLANATION:
Storm drain and street improvements in Oak Avenue were selected
the 14th and 15th year of the Community Development Block Gr (CDBG) program. The improvements will be designed and construc as a single project.
New sidewalk, curb drainage inlets, and storm drain will constructed on the north side of Oak Avenue between Roosev Street and the AT&SF Railroad right-of-way. Sections deteriorated pavement will also be replaced. This includes pavement in front of the Carlsbad Boys and Girls Club which w be crowned to keep storm runoff from flowing across the street
Staff solicited design proposals from several local engineer firms for this project. Five (5) formal proposals were recei and reviewed. Based upon the evaluation of the formal proj
proposals, the firm of BSI Consultants, Incorporated, recommended to design this project. The attached consult
approval. agreement with BSI Consultants, Incorporated, is recommended
FISCAL IMPACT:
The attached consultant agreement provides a lump sum proj design cost of $22,000. Sufficient funds are available in amount of $200,000 in Account No. 302-820-1830-3731 and $70,00C a Account No. 302-820-1840-3731to enable proceeding with the des
W of the project. B ot EXHIBITS : P 2 1. Location map.
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2. Resolution No. cj cg " l'lq approving a consultant agreement P
BSI Consultants, Incorporated, for the design of the Oak Ave
Storm Drain and Street Improvements.
3. Consultant agreement.
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I FOCATION - MAP I I IA"
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'PROJECT NAME PROJECT # E> OAK AVENUE STORM DRAIN
AND STREET IMPROVEMENTS X3731
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RESOLUTION NO. 90 - 179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH BSI CONSULTANTS, INCORPORATED, FOR THE DESIGN OF THE OAK AVENUE
STORM DRAIN AND STREET IMPROVEMENTS ~
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WHEREAS, the City Council of the City of Carlsb
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a storm drain and street improvements in Oak Avenue; and 8
previously appropriated funds for the design and construct
9 WHEREAS, proposals have been solicited for the des
10 the project from qualified engineering firms; and
11 WHEREAS, following receipt and evaluation of
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proposals, it has been recommended the firm of BSI Consul
are hereby authorized and directed to execute said agree 19
Street Improvements is hereby approved and the Mayor and Cit] 18
Incorporated, for the design of the Oak Avenue Storm Dra 17
2. That a consultant agreement with BSI Consul 16
1. That the above recitations are true and cor1 15
NOW, THEREFORE, BE IT RESOLVED as follows: 14
Incorporated, be selected to design this project.
20 3. Following the Mayor's signature of the agrc
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the City Clerk is further authorized and directed to forward
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of said agreement to BSI Consultants, Incorporated, ant
Municipal Projects Department for their files.
PASSED, APPROVED AND ADOPTED at a regular meeting t
Carlsbad City Council held on the 19th day of
by the following vote, to wit:
June I
1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an
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NOES: None
ABSENT : None
ATTEST:
P? x. &ou-*L;kcbr, ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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AGREEMENT FOR
OAK AVENUE STORM DRAIN AND STREET IMPROVEMENTS PROJECT NO. 3731
THIS AGREEMENT, made and entered into as of the day o
, 1990, by and between the CITY OF CARLSBAD, a municipa
corporation, hereinafter referred to as I(City," and BS
Consultants, Inc., hereinafter referred to as lvConsultant.ll
RECITALS
City requires the services of a civil engineering consultar
to provide the necessary design services for preparation of fina
plans and specifications for the Oak Avenue Storm Drain and Stree
Improvements, Project No. 3731; and
Consultant possesses the necessary skills and qyalificatior
to provide the services required by the City:
NOW, THEREFORE, in consideration of these recitals and tl
mutual covenants contained herein, City and Consultant agree E
follows:
1. CONSULTANT I S OBLIGATIONS
a. Reverify horizontal andvertical alignments and establis a convenient benchmark for the construction survey01 Field check existing obstructions.
b. Contact utility companies to verify all existing lines
c. Use the utility information to set the alignment of tl
storm drain (approximately 48" diameter RCP) .
d. Locate and design curb inlets within the project limil
to eliminate the need for a cross-gutter at State Streel Determine local runoff volumes required to size CUI inlets, storm drain connections and master storm dra.
facilities located within the project limits.
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e. The storm drain should be terminated to allow for future extension east of Roosevelt Street.
f, The downstream end at approximately STA. 4 + 00 wil terminate in an open ditch flowing south in railroi right-of-way. An outlet structure should be designc to match the flow line (elevation 36.00) of a future 5' RCP storm drain.
g. Submit a preliminary plan showing the alignment a] locations of curbs, sidewalks, and road sectic replacement. Also include a preliminary size for tl storm drain pipe and the inlet and outlet elevations.
h. Coordinate the storm drain alignment with constructic plans for a regional sewer line in Oak Avenue.
i. Prepare a cover sheet with location map and generz
notes.
j, Prepare a quantity take-off and estimate of probab:
construction cost.
k. Draft the special provisions section of the constructic documents.
1. Return cepia copies of the plans for plan check ai reproducible mylars to the City after final correction:
2. CITY OBLIGATIONS
The City shall provide:
a. Blueline copies of existing improvement plans.
b. Blank mylar sheets with City letter block.
c. Specify the R-value of the existing subbase.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) da
after receipt of notification to proceed by the City and t
submittal of 90% completed plans and specifications shall be ma
within eighty (80) days of that date. The submittal of final pla
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and specifications (100% complete) will be made within twelve (1;
days of Consultant's receipt of City comments pertaining to the 9(
submittal. Extensions of time may be granted if requested by tl
Consultant and agreed to in writing by the City Engineer. 1
consideration of such requests, the City Engineer will giT
allowance for documented and substantiated unforeseeable a1
unavoidable delays not caused by a lack of foresight on the pal
of the Consultant, or delays caused by City inaction or otht
agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to Paragraph 5, lgPaymel
of Fees," shall be Twenty-Two Thousand, ($22,000) Dollars. 1
other compensation for services will be allowed except those itel
covered by supplemental agreements per Paragraph 7, "Changes :
Work. Ig
5. PAYMENT OF FEES
Consultant shall submit invoices monthly for sewicc
performed in the previous month. City agrees to pay all undisputc
invoices within thirty (30) days of receipt of invoice. Cii
agrees to notify Consultant of disputed invoices within ten (lr
days of receipt of said invoice.
6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of t:
final design, the Consultant shall deliver to the City t.
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following items:
a. Original mylars at scale of the drawings reproducible standard 24" by 36l' sheets. Blank mylars will : provided by the City.
b. All final engineering certifications and documents. T: plans shall be signed by a Registered Civil Engine and/or Registered Landscape Architect, as appropriate
7. CHANGES IN WORK
If, in the course of this Contract and design, changes se
merited by the Consultant or the City, and informal consultatio
with the other party indicate that a change in the conditions
the Contract is warranted, the Consultant or the City may reque
a change in Contract. Such changes shall be processed by the Ci
in the following manner: A letter outlining the required chang
shall be forwarded to the City by Consultant to inform them of t
proposed changes along with a statement of estimated changes
charges or time schedule. After reaching mutual agreement on t
proposal, a supplemental agreement shall be prepared by the Ci
and approved by the City Council. Such supplemental agreeme
shall not render ineffective or invalidate unaffected portions
the agreement. Changes requiring immediate action by t
Consultant or City shall be ordered by the City Engineer who wi
inform a principal of the Consultantls firm of the necessity
such action and follow up with a supplemental agreement coveri
such work.
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8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications i
accordance with the design standards of the City of Carlsbad ar
recognized current design practices. Applicable city of Carlsba
Standards and Regional Standards shall be used where appropriate
Copies of such standards shall be obtained from the City c
Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed c
retained any company or person, other than a bona fide employ€
working for the Consultant, to solicit or secure this agreement
and that Consultant has not paid or agreed to pay any company c
person, other than a bona fide employee, any fee, commissior
percentage, brokerage fee, gift, or any other consideratic
contingent upon, or resulting from, the award or making of thj
agreement. For breach or violation of this warranty, the Cit
shall have the right to annul this agreement without liabilit]
or, in its discretion, to deduct from the agreement price c
consideration, or otherwise recover, the full amount of such fec
commission, percentage, brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federz
Ordinances regarding nondiscrimination.
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11, TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecut(
deliver, or perform the work as provided for in this Contract, tl
City may terminate this Contract for nonperformance by notify2
the Consultant by certified mail of the termination of tl
Contract. The Consultant, thereupon, has five (5) working days '
deliver said documents owned by the City and all work in progre,
to the City Engineer. The City Engineer shall make a determinatil
of fact based upon the documents delivered to City of t:
percentage of work which the Consultant has performed which
usable and of worth to the City in having the Contract complete'
Based upon that finding as reported to the City Council, t
Council shall determine the final payment of the Contract.
12. DISPUTES
If a dispute should arise regarding the performance of wo
under this agreement, the following procedure shall be used
resolve any question of fact or interpretation not otherwi
settled by agreement between parties. Such questions, if th
become identified as a part of a dispute among persons operati
under the provisions of this Contract, shall be reduced to writi
by the principal of the Consultant or the City Engineer. A co
of such documented dispute shall be forwarded to both parti
involved along with recommended methods of resolution which wou
be of benefit to both parties. The City Engineer or princip
receiving the letter shall reply to the letter along with
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recommended method of resolution within ten (10) days. If th
resolution thus obtained is unsatisfactory to the aggrieved party
a letter outlining the dispute shall be forwarded to the Cit
Council for their resolution through the Office of the cit
Manager. The City Council may then opt to consider the direct€
solution to the problem. In such cases, the action of the Cit
Council shall be binding upon the parties involved, althouc
nothing in this procedure shall prohibit the parties seekir
remedies available to them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services c
designing and drawings for Oak Avenue Storm Drain and Stree
Improvements and any payments made to Consultant are compensatic
solely for such services. Consultant shall certify as to tk
correctness of all designs and sign all plans, specifications, ar
estimates furnished with Registered Civil Engineer's number.
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upc
tendering thirty (30) days written notice to the other party. 1
the event of such suspension or termination, upon request of tl
City, the Consultant shall assemble the work product and put sa1
in order for proper filing and closing and deliver said product I
City. In the event of termination, the Consultant shall be pa:
for work performed to the termination date; however, the toti
shall not exceed the guaranteed total maximum. The City shall mal
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the final determination as to the portions of tasks completed ar
the compensation to be made. Compensation to be made in complianc
with the Code of Federal Regulations.
15. STATUS OF THE CONSULTANT
The Consultant shall perfom the services provided for here:
in Consultant Is own way as an independent Contractor and in pursu:
of Consultant's independent calling, and not as an employee of tl
City. Consultant shall be under control of the City only as to tl
result to be accomplished and the personnel assigned to tl
project, but shall consult with .the City as provided for in tl
request for proposal.
The Consultant is an independent contractor of the City. TI
payment made to the Consultant pursuant to this contract shall 1
the full and complete compensation to which the Consultant :
entitled. The City shall not make any Federal or State ti
withholdings on behalf of the Consultant. The City shall not 1
required to pay any workers' compensation insurance on behalf (
the Consultant. The Consultant agrees to indemnify the City fc
any tax, retirement contribution, social security, overti]
payment, or workers' compensation payment which the City may 1
required to make on behalf of the Consultant or any employee of tl
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of t:
Immigration Reform and Control Act of 1986 and shall comply wi
those requirements, including, but not limited to, verifying t'
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eligibility for employment of all agents, employees, subcontractol
and consultants that are included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications -
conform to all applicable requirements of law: Federal, State ai
local. Consultant shall provide all necessary supportil
documents, to be filed with any agencies whose approval
necessary.
The City will provide copies of the approved plans to a:
other agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a:
specifications as herein required are the property of the Cit
whether the work for which they are made to be executed or no.
In the event this Contract is terminated, all documents, plan:
specifications, drawings, reports, and studies shall be deliver'
forthwith to the City. Consultant shall have the right to ma
one (1) copy of the plans for his/her records.
18. HOLD HARMLESS AGREEMENT
The'City, its officers, and employees shall not be liable f
any claims, liabilities, penalties, fines, or any damage to good
properties, or effects of any person whatever, nor for person
injuries or death caused by, or claimed to have been caused by,
resulting from, any intentional or negligent acts, errors
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omission of Consultant or Consultant's agents, employees, c
representatives. Consultant agrees to defend, indemnify, and sa7
free and harmless the City and its officers and employees again!
any of the foregoing liabilities or claims of any kind and any co:
and expense that is incurred by the City on account of any of tl
foregoing liabilities, including liabilities or claims by reasc
of alleged defects in any plans and specifications.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any pal
thereof or any monies due thereunder without the prior writtc
consent of th.3 City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to 1
performed under this Contract by the Consultant, Consultant sha:
be fully responsible to the City for the acts and omissions (
Consultant's subcontractor and of the persons either directly I
indirectly employed by the subcontractor, as Consultant is for tl
acts and omissions of persons directly employed by Consultani
Nothing contained in this Contract shall create any contractu;
relationship between any subcontractor of Consultant and the Cit]
The Consultant shall bind every subcontractor and eve:
subcontractor of a subcontractor by the terms of this Contract
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applicable to Consultant's work unless specifically noted to t]
Contrary in the subcontract in question approved in writing by t]
City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity I
behalf of the City to negotiate, make, accept, or approve, or tal
part in negotiating, making, accepting, or approving of a1
architectural, engineering, inspection, construction or materi;
supply contractor, or any subcontractor in connection with tl
construction of the project, shall become directly or indirect:
interested personally in this Contract or in any part thereof. 1
officer, employee, architect, attorney, engineer, or inspector c
or for the City who is authorized in such capacity and on beha:
of the City to exercise any executive, supervisory, or othc
similar functions in connection with the performance of th.
Contract shall become directly or indirectly interested personal:
in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, ageni
or employee of the City, either before, during, or after tl
execution of this Contract, shall affect or modify any of the ten
or obligations herein contained nor such verbal agreement I
conversation entitles the Consultant to any additional payme]
whatsoever under the terms of this Contract.
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23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmle
Agreement," all terms, conditions, and provisions hereof sha
insure to and shall bind each of the parties hereto, and each (
their respective heirs, executors, administrators, successors, a1
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and yei
first above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statemer
for the corporation with the City Clerk of the City of Carlsbad j
accordance with the requirements of the City of Carlsbad Conflic
of Interest Code.
2 6. INSURANCE
The Consultant shall obtain and maintain a policy of liabilit
insurance from an insurance company authorized to be in busines
in the State of California, in an insurable amount of not less tha
one million dollars ($1,000,000). This insurance shall be in forc
during the life of this agreement and shall not be cancelle
without ten (10) days prior notice to the City.
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The City shall be named as an additionally insured on th
policy. The Consultant shall furnish a certificate of sa
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
BSI CONSULTANTS, INCORPORATED CITY OF CARLSBAD:
By :
Mayor dze. &512?bf
Title
APPROVED AS TO FORM: ATTEST:
Assistant City Attorney City Clerk