HomeMy WebLinkAbout1990-07-24; City Council; 10721; Approval Consultant Agreement Design Carlsbad Boulevard Shore Protection Project*. CIWOF CARLSBAD - AUtNwtlILL 1.; w 7
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CITY A'
DEPT. 1 TITLEAPPROVAL OF CONSULTANT AGREEMENT FOR .*r
MTG. 7/24/9O DESIGN OF THE CARLSBAD BOULEVARD
SHORE PROTECTION PROJECT DEPT.
RECOMMENDED ACTION:
Adopt Resolution No. 96- ? dL approving a consultant agreement Wi Woodward-Clyde Consultants, Incorporated for the design of t
Carlsbad Boulevard Shore Protection Project.
MP : ENG
ITEM EXPLANATION:
On February 6, 1990, the City Council adopted Resolution No. 90- approving an agreement with the State of California, Department Boating and Waterways for the funding of the Phase I design of t Carlsbad Boulevard Shore Protection Project. The City Council a]
appropriated the $300,000 of State Grant funding to be received the City provided by AB 1580, the State of California park z Wildlife Preservation Act which became effective January 1, 19:
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Phase I of the project involves the design of a structural solut:
to protecting Carlsbad Boulevard between the Agua Hedionda Bric
and the SDG&E outlet jetty. This section of City highway
historically washed out during periods of high tides and he;
winter storms. City staff prepared a detailed scope of work < solicited design proposals from a number of qualified coastal ( structural engineering firms. The City received five (5) for:
evaluation of the five (5) detailed project design submittals, firm of Woodward-Clyde Consultants, Incorporated of San Diego. identified as the firm most qualified to design the project and therefore, recommended to the City Council. Copies of all five proposals were also sent to the State of California, Department Boating and Waterways, which similarly evaluated the submitta In a letter dated June 14, 1990, Cal Boating and Waterw concurred with the selection of Woodward-Clyde and authorized City to proceed to negotiate the design contract. Subsequent in a letter dated June 27, 1990, Cal Boating and Waterways revie
and approved the proposed design contract between Carlsbad
Woodward-Clyde.
Preliminary and final design will require approximately four
months to complete. Several Federal, State and Local regulat permits and project approvals will be required including those f
the United States Army Corps of Engineers, the California Coas
and Operating Agreement, including the acquisition of easemer
is currently being negotiated with the State of Califorr
Department of Parks and Recreation.
Several design alternatives are being evaluated incluc provisions for several public access points, hand!
accessibility, benches, trash receptacles, and identificatior opportunities for landscaping and public art. Additionally, (
staff will be working with the State of California, Departmenl Parks and Recreation to permanently locate and protect the Stal
proposals for the design of the project e After review l
Commission, and the City of Carlsbad. Additionally, a Maintene
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Page 2 of Agenda Bill No. /<. 72/
lifeguard towers, provide telephone and electric conduit, i enable emergency vehicle access.
With regard to the Phase I1 construction portion of the projec
the City has previously applied for construction funding from 1
State of California, Department of Boating and Waterways in 1
1990-91 State budget. This project is listed as tlhe number two
statewide project priority in the Cal Boating and Waterways bud(
program. The State's share of the Phase I1 construction fund.
totals approximately $2.2 million. Recent conversations with I
legislative representatives in Sacramento indicate that the proj'
has secured State Finance approval and remains in the State bud1
proposal for 1990-91. Although not a certainty at this time, th is increasing optimism that the project application will approved and funded by Cal Boatinq and Waterways in the upcom
budget year.
Assuming favorable State funding, construction is anticipated begin in early 1991. Staff recommends approval of the attac consultant agreement.
FISCAL IMPACT:
Funds in the amount of $300,000 have been appropriated for
Phase I design and are available in the Account 130, 380-820-81
3307, The City Council has appropriated $800,0010 of City fund for its anticipated 25% share of the Phase I1 construction port
of the project in the 1990-91 CIP.
The attached consultant agreement with Woodward-Clyde Consultan Incorporated, for the Phase I design will be performed for a fi fee, not to exceed cost of $141,500. Staff recommends approval
the attached consultant agreement.
EXHIBITS :
1. Resolution No. %-a#L approving a consulta.nt agreement F Woodward-Clyde Consultants, Incorporated, JEor the desigr the Carlsbad Boulevard Shore Protection Project.
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2. Consultant agreement with Woodward-Clyde Consultax Incorporated.
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RESOLUTION NO. 90-242
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD , CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PREPARE DESIGN FOR THE CARLSBAD BOULEVARD SHORE PROTECTION PROJECT
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California, hereby finds it necessary, desirable and in the 7
WHEREAS, the City Council of the City of Car
Bridge southerly to the SDG&E outlet jetty from storm damag g
interest to protect Carlsbad Boulevard from the Agua He 8
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highway which is a vital circulation arterial in both the
and the County's circulation plans: and,
12 WHEREAS, the City Council of the City of Carlsbad
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preparation of plans, specifications and cost estimates f 14
it necessary, desirable and in the public interest to
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construction of the Carlsbad Boulevard Shore Protection PI 15
17 WHEREAS, a consultant agreement with Woodward
18 Consultants, Incorporated, has been prepared and submitted t
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1. That the above recitals are true and correct 20
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
2. That a consultant agreement between the C 21
22 Carlsbad and Woodward-Clyde Consultants, Incorporated, is
23 approved and the Mayor and City Clerk are authorized and di
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to execute said agreement. The City Clerk is further aut1
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and directed to forward copies of the signed agreement to Wool
Clyde Consultants, Incorporated, 1550 Hotel Circle North
Diego, California 92108, attention Louis J. Lee, Vice Pres
as well as the Municipal Projects Department for processing
PASSED, APPROVED AND ADOPTED by the City Council
city of Carlsbad at its regular meeting held on the Wda:
July , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux am
NOES: None
ABSENT : None
ATTEST:
AaoL $ .i ('1-
ALETHA L, RAUTENKRANZ I City) Clerk (SEAL)
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AGREEMENT FOR
CARLSBAD BOULEVARD SHORE PROTECTION
THIS AGREEMENT, made and entered into as of the day c
, 1990, by and between the CITY OF CARLSBAD, a municipz
corporation, hereinafter referred to as Itcity, I' and WOODWARD-CLYI
CONSULTANTS, hereinafter referred to as ttConsultant.tl
RECITALS
City requires the services of Woodward-Clyde Consultants
to provide the necessary design services for preparation of fin;
plans and specifications for the Carlsbad Boulevard Sho~
Protection Wall: and
Consultant possesses the necessary skills and qualificatior
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 z
follows:
1. CONSULTANT'S OBLIGATIONS
Prepare complete plans and specifications and cost estimai
for Carlsbad Boulevard Shore Protection Wall, per attached Exhib:
"At*. Representatives of the Department of Boating and Waterwa]
shall be allowed to meet and confer with the Consultant at ai
stage in the design process.
2. CITY OBLIGATIONS
The City shall furnish the following items:
A. A sufficient number of plain mylars.
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B. Copies of the existing Carlsbad Boulevard Improvemer
Plans.
C. Provide art element.
D. Prepare Coastal and EIA Application.
E. Boating and Waterways' required sign specifications a1
drawings.
F. City's construction job signs.
3. PROGRESS AND COMPLETION
The work under this Contract will begin within ten (10) dal
after receipt of notification to proceed by the City and 1
completed within ninety (90) days of that date. Extensions of ti1
may be granted if requested by the Consultant and agreed to :
writing by the City Engineer. In consideration of such request:
the City Engineer will give allowance for documented a1
substantiated unforeseeable and unavoidable delays not caused I
a lack of foresight on the part of the Consultant, or delays caust
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, pay me^
of Fees," shall be $141,500. No other compensation for servicc
will be allowed except those items covered by supplementi
agreements per Paragraph 7, "Changes in Work.I1
5. PAYMENT OF FEES
Payment of fees shall be based on a time and material bas.
and shall be dispersed monthly, as outlined on the attached Fc
Schedule , Exhibit ttBtt.
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6. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of th
final design, the Consultant shall deliver to the City th
following items:
A. Original mylars at scale of the drawings reproducible c
standard 24" by 36" sheets. Blank mylars will be provided by th
City.
B. ~ll final engineering certifications and documents. ~h
plans shall be signed by a Registered Civil Engineer and/c
Registered Landscape Architect, as appropriate.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes seE
merited by the Consultant or the City, and informal consultatior
with the other party indicate that a change in the conditions c
the Contract is warranted, the Consultant or the City may reques
a change in Contract. Such changes shall be processed by the Cit
in the following manner: A letter outlining the required changc
shall be forwarded to the City by Consultant to inform them of tk
proposed changes along with a statement of estimated changes j
charges or time schedule. After reaching mutual agreement on tl
proposal, a supplemental agreement shall be prepared by the Cit
and approved by the City Council. Such supplemental agreemer
shall not render ineffective or invalidate unaffected portions (
the agreement. Changes requiring immediate action by tl
Consultant or City shall be ordered by the City Engineer who wi:
inform a principal of the Consultant's firm of the necessity (
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such action and follow up with a supplemental agreement coverir
such work.
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications j
accordance with the design standards of the City of Carlsbad ar
recognized current design practices. Applicable City of Carlsbz
Standards and Regional Standards shall be used where appropriatc
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 employ6
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 liabilitj
or, in its discretion, to deduct from the agreement price c
consideration, or otherwise recover, the full amount of such fe6
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 Is failure to prosecute
deliver, or perform the work as provided for in this Contract, th
City may terminate this Contract for nonperformance by notifyin
the Consultant by certified mail of the termination of th
Contract. The Consultant, thereupon, has five (5) working days t
deliver said documents owned by the City and all work in .proqres
to the City Engineer. The City Engineer shall make a determinatic
of fact based upon the documents delivered to City of th
percentage of work which the Consultant has performed which i
usable and of worth to the City in having the Contract completed
Based upon that finding as reported to the City Council, th
Council shall determine the final payment of the Contract.
12. DISPUTES
If a dispute should arise regarding the performance of WOI
under this agreement, the following procedure shall be used t
resolve any question of fact or interpretation not otherwis
settled by agreement between parties. Such questions, if the
become identified as a part of a dispute among persons operatir
under the provisions of this Contract, shall be reduced to writir
by the principal of the Consultant or the City Engineer. A coy
of such documented dispute shall be forwarded to both partic
involved along with recommended methods of resolution which woul
be of benefit to both parties. The City Engineer or principz
recelvlng the letter shall reply to the letter along with
recommended method of resolution within ten (10) days. If tl
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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 directe
solution to the problem. In such cases, the action of the cit
Council shall be binding upon the parties involved, althouq
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 Woodward-Clyde Consultants and ar
payments made to Consultant are compensation solely for SUC
services. Consultant shall certify as to the correctness of a1
designs and sign all plans, specifications, and estimates furnish€
with Registered Civil Engineer's number, (or Landscape Architect'
registration 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. 7
the event of such suspension or termination, upon request of tt
City, the Consultant shall assemble the work product and put san
in order for proper filing and closing and deliver said product t
City. In the event of termination, the Consultant shall be paj
for work performed to the termination date; however, the tot?
shall not exceed the guaranteed total maximum. The City shall mal
the final determination as to the portions of tasks completed ar
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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 perform the services provided for herei
in Consultant's own way as an independent Contractor and in pursui
of Consultant's independent calling, and not as an employee of tt
City. Consultant shall be under control of the City only as to tk:
result to be accomplished and the personnel assigned to tk:
project, but shall consult with the City as provided for in tk
request for proposal.
The Consultant is an independent contractor of the City. Tk:
payment made to the Consultant pursuant to this contract shall k
the full and complete compensation to which the Consultant i
entitled. The City shall not make any Federal or State ta
withholdings on behalf of the Consultant. The City shall not k
required to pay any workers' compensation insurance on behalf c
the Consultant. The Consultant agrees to indemnify the City fc
any tax, retirement contribution, social security, overtin
payment, or workers' compensation payment which the City may k
required to make on behalf of the Consultant or any employee of tk
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of tk:
Immigration Reform and Control Act of 1986 and shall comply wit
those requirements, including, but not limited to, verifying tk:
eligibility for employment of all agents, employees, subcontractor
and consultants that are included in this agreement.
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16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications 1
conform to all applicable requirements of law: Federal, State a]
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 a1
other agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a1
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 deliverc
forthwith to the City. Consultant shall have the right to mal
one (1) copy of the plans for his/her records.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable fc
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, I
resulting from, any intentional or negligent acts, errors (
omission of Consultant or Consultant's agents, employees, (
representatives. Consultant agrees to defend, indemnify, and sa
free and harmless the City and its officers and employees again,
any of the foregoing liabilities or claims of any kind and any co,
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and expense that is incurred by the City on account of any of ti
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 writtt
consent of the 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 (
indirectly employed by the subcontractor, as Consultant is for tl
acts and omissions of persons directly employed by Consultanl
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 Contra(
applicable to Consultant's work unless specifically noted to tl
contrary in the subcontract in question approved in writing by tl
City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity (
behalf of the City to negotiate, make, accept, or approve, or tal
part in negotiating, making, accepting, or approving of ai
architectural, engineering, inspection, construction or materii
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supply contractor, or any subcontractor in connection with th
construction of the project, shall become directly or indirect1
interested personally in this Contract or in any part thereof. N
officer, employee, architect, attorney, engineer, or inspector c
or for the City who is authorized in such capacity and on behal
of the City to exercise any executive, supervisory, or othe
similar functions in connection with the performance of thi
Contract shall become directly or indirectly interested personall
in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of the City, either before, during, or after tk
execution of this Contract, shall affect or modify any of the tern
or obligations herein contained nor such verbal agreement c
conversation entitles the Consultant to any additional paymer
whatsoever under the terms of this Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, I1Hold Harmles
Agreement," all terms, conditions, and provisions hereof shal
insure to and shall bind each of the parties hereto, and each c
their respective heirs, executors, administrators, successors, ar
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and ye;
first above written.
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25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statemen
with the City Clerk of the City of Carlsbad in accordance with th
requirements of the City of Carlsbad Conflict 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.
The City shall be named as an additionally insured on thi
policy. The Consultant shall furnish a certificate of sai
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WOODWARD-CLY
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Vicc frcsr c!J eY $.
Title
CITY OF CARLSBAD:
Mayor
APPROVED AS TO FORM: ATTEST :
Assistant City Attorney City Clerk
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SCOPE OF WORK
CARLSBAD BOULEVARD SHORE PROTECTION WALL
PROJECT NO. 3307
PRELIMINARY DESIGN
TASK 1
Prepare schedule citing all major milestone
0 Identify design issues and develop design approac:
0 contact and coordinate with concerned agencie;
submittal products and dates.
including Boating andwaterways, Coastal Commissio: Fish and Game, State Parks and U.S. Wildlife.
Submit Preliminary Design schedule and list I
agency contacts.
TASK 2
0 Review available information regarding si.
conditions, coastal conditions and subsurface so
conditions. . .
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TASK 3 .
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Field check existing road and beach conditions.
Review possible design alternatives.
Prepare preliminary sketches and sections.
Recommend design alternative to City.
Submit Preliminary Design sketches and sections.
Perform ground and aerial survey.
Prepare topographic maps.
Submit topographic maps at a 40-scale.
EXHIBIT I'A"
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TASK 4
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TASK 5
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TASK 6
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TASK 7
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Prepare preliminary plans of selected alternative
Prepare preliminary cost estimate of selecte alternative.
Submit Preliminary Design Plans and cost estimate
Assist in securing required permits.
Attend meetings in San Diego County as required k City and regulatory agencies (meetings outside Sa Diego not included).
Submit information for permits.
Review available record information.
Review existing conditions.
Obtain preliminary title reports.
Make preliminary field surveys.
Prepare preliminary ROW drawings.
Submit preliminary ROW drawings, ROW analysis ar title reports.
Review public art element with art designer.
e Incorporate art element into design (it is assumc
that the art designer will provide art design plan)
e No submittals required.
TASK 8
e Perform additional Geotechnical Investigation.
Prepare geotechnical design report including dal
from feasibility study.
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FINAL DESIGN
TASK 1
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TASK 2
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TASK 3
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Submit Geotechnical Investigation report.
Prepare and submit structural calculations.
Review comments on Preliminary Design from City ar regulatory agencies.
Incorporate selected requirements into finaldesigr
Incorporate Boating and Waterways project sign ini
specifications.
No submittals.
Prepare final ROW drawings, individual plats ax
legal descriptions.
Prepare easement deeds and acquisition documents.
Obtain final Title reports.
Submit final ROW documents, plats and leg;
description on 8-1/2" x 14" paper showing existir
right-of-way and future easements on 40-scal
improvement plans.
Prepare final plans.
Prepare final specifications.
Prepare contract documents.
Prepare final cost estimate.
Submit 20 copies of plans, specifications, ax
contract documents.
Submit final cost estimate and structur: calculations.
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TASK 4
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TASK 5
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Meet with City to review traffic contrc requirements.
Prepare traffic control plans.
Submit 20 copies of traffic control plans.
Meet with City to review signing and stripir
requirements.
Prepare signing and striping plans (if required).
Submit 20 copies of signing and striping plans (: required) .
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FEE SCHEDULE FOR
CARLSBAD BOULEVARD SHORE PROTECTION WALL
PROJECT NO. 3307
PRELIMINARY DESIGN
1. Prepare schedule and identlfy issues. Meet and
coordinate with concerned agencies, Boating and
Waterways, Coastal Commission, Fish and Game,
State Parks and US. Wildlife.
2. Review and recommend one alternative to the City.
3. Perform field survey and top0 mapping.
4. Prepare and submit to the City preliminary plans,
specifications and cost estimates on the selected
alternative.
5. Assist in securing required permits.
6. Prepare right-of-way documents.
7. Incorporate art element in design.
8. Additional geotechnical investigations.
Preliminary Design Subtotal
FINAL, DESIGN
1. Incorporate Coastal Commission, State Parks and
other agency requirements in the plans and B/W
sign in the specifications.
2. Prepare and submit to the City, final right-of-way
documents, legal description, and plats.
3. Prepare and submit to the City, final plans,
specifications and cost estimates.
4. Prepare traffic control plans.
5. Prepare signing and striping plans.
Final Design Subtotal
TOTAL
EXHIBIT "B"
FEE -
$ 5,500
8,000
19,600
18,500
1,000
5,800
1,000
6,100
$ 65,500
1,500
8,500
65,000
5 00
500
$ 76,000
$141,500