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HomeMy WebLinkAbout1990-07-24; City Council; 10727; Approval Agreement Design Services for Widening of El Camino Real Between Chestnut Avenue and Tamarack Avenue Project No 3327ur wwLwnu t - HllltNwDlLL Q " 'I,' 11' c" 1 iB#& d a/r. I TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR (DEPT- I DESIGN SERVICES FOR THE WIDENING OF C~TY~ MTG. 7/24/90 DEPT, ENG : MP EL CAMINO REAL BETWEEN CHESTNUT AVENU AND TAMARACK AVENUE, PROJECT NO. 3327 4 CITY1 1 I! 5 2 0 .. 6 a d 0 z 3 0 0 RECOMMENDED ACTION: Adopt Resolution No.-%& 2G7>. approving a consultant agreement the widening of El Camino Real between Chestnut Avenue and Tamar Avenue, Project No. 3327. ITEM EXPLANATION: In previous Capital Improvement Program budgets, the City Cour appropriated funds for road widening and construction of medi Avenue. The proposed improvements will provide full width str improvements to City standards, fully landscaped mediz streetlights, sidewalks, drainage improvements, and related sigr and striping. The existing steep slopes and drainage courses F be regraded to accommodate the planned road widening. All gr: areas will be landscaped in accordance with the El Camino I Corridor Landscape Guidelines. The project will be prepared bidding as a joint project with the Carlsbad Municipal WE District which plans installation of waterline facilities in Camino Real. Staff developed a detailed Request for Proposal for des services and mailed the RFP to ten (10) qualified engineering fj identified for the project. Eight (8) firms responded with fo~ detailed proposals. Staff reviewed the proposals in depth based upon the consultantgs demonstrated understanding of project, past expertise in similarly scoped projects, and ovel design capabilities, staff recommends that BSI Consultal Incorporated be selected to design the project. The scope of work in the attached consultant agreement will incl the following: Preparation of plans, specifications, and contract documents the construction of the improvements which will include: for portions of El Camino Real between Chestnut Avenue and Tarnal - Field surveying. - Hydrology and hydraulic studies for sewer and water: - Channel stabilization and drainage improvements. - Utility coordination. construction. - Landscaping, irrigation, and traffic control. - Streetlights, sidewalk, and utility improvements. I e 0 Page 2 of Agenda Bill No. /< my > Preparation of right-of-way documents for the acquisition slope easements. Preparation of a biologisal assessment of areas to be impac by the project. L. c FISCAL IMPACT: The attached consultant agreement provides for a lump sum fee $150,000. The City Council has previously appropriated funding the improvements in the following amount: Account No, 311-1840-3327 $650 Substantial additional funding will be required in order construct the ultimate improvements, some of which must collected from adjacent parcel owners who have executed agreemc to pay their fair share of improvement costs. The preparatiol the detailed project plans and specifications will also inc: specific right-of-way requirements and cost estimates for construction of the ultimate street improvements. Staff recommends approval of the attached consultant agreement design of the project. EXHIBITS : 1. Location map. 2. Resolution No. %-a97 approving a consultant agreement for widening of El Camino Real between Chestnut Avenue and Tarnal Avenue, Project No. 3327. 3. Consultant agreement. L L L8CATION MAP TAMARACP~' 5 AREA ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ;YC" 0, LEGEND TO BE IMPRC\'Cn WO JVLU ..\ \ I vIcm MAP N.T. S. PROJECT NAME WIDENING OF EL CAMINO REAL PROJECT # EX BETWEEN CHESTNUT AVENUE & TAMARACK AVENUE 3327 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE WIDENING OF EL CAMINO REAL BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE, PROJECT NO. 3327 WHEREAS, the City of Carlsbad requires the servj a professional design engineering consultant to prepare improvement plans and specifications for the widening of El Real between Chestnut Avenue and Tamarack Avenue, Project No and WHEREAS, a scope of work and consultant agreeme been prepared for said services: and WHEREAS, the City Council hereby finds it necc desirable and in the public interest to approve said agreer NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and cor] 2. That the consultant agreement betweel Consultants, Incorporated, and the City of Carlsbad is approved and the Mayor and City Clerk are hereby authorin directed to execute said agreement. 3. Following the Mayor's signature of said agre the City Clerk is further authorized and directed to forward of said agreement to William H. Basham, Vice President, BS: /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I1 0 e Consultants, Incorporated, 16880 W. Bernard0 Drive, San I California, 92127, and the Municipal Projects Department for files. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 24th day of July I by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux ant NOES: None ABSENT : None ATTEST : ALETHA L. RAUTENKRANZ, City] Clerk (SEAL) 0 0 AGREEMENT FOR THE WIDENING OF EL CAMINO REAL BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE PROJECT NO. 3327 THIS AGREEMENT, made and entered into as of the day of y 19! by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referr to as "City," and BSI CONSULTANTS, INC., hereinafter referred to as "Consultant." RECrrALS City requires the services of an engineering consultant to provide the necessary Ci Engineering services for preparation of final plans and specifications for the widening El Camino Real, between Chestnut Avenue and Tamarack Avenue, Project No. 3327; a Consultant possesses the necessary skills and qualifications to provide the servic required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenaI contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS: APPROACH TO THE PROJECT The purpose of this project is to upgrade El Camino Real to City of Carlsbad Pri~ Arterial Street Standards with 3 lanes of traffic in each direction from Chestnut Aven to Tamarack Avenue, a distance of approximately 4,800 feet. The street generally lac raised landscaped medians and is currently striped for 2 lanes of traffic in each directic Although much of the existing street has been improved to the required width, sevel portions of the roadway still remain where steep slopes exist and the pavement narrov 0 0 Approximately 2,600 feet on the westerly side and 600 feet on the easterly side v require slope grading, widening of the existing pavement and installation of curb, gutt sidewalk, streetlights, storm drain and landscaping improvements to comply with City Carlsbad standards. Storm runoff flowing in a heavily vegetated drainage channel located along 1 easterly side of El Camino Real appears to have eroded portions of the existing roadu embankment. As part of this project, the City desires to regrade the channel whc erosion of the roadway embankment has occurred using material generated from 1 cutting of slopes. Channel grading should be designed to create a balanced earthwc situation and eliminate the need for import or export of grading materials from t jobsite. BSI's approach to this project involves the following activities or steps: A. At the beginning of the project, BSI will search existing public records a assemble maps and plans for existing improvements and utilities. B. BSI survey crews will complete a field survey of the entire jobsite establish or verify horizontal and vertical control for design. Topographic informatic will be obtained and cross-sections taken at maximum SO-foot intervals along the stre centerline. C. An environmental analysis with emphasis on biological assessment of are impacted by grading will be conducted and the Part I Environmental Impact Assessme: (EIA) Form prepared for the City's review and evaluation of potential impacts. 0 0 D. After completion of the field survey, project construction plans, specificatic and complete bid documents will be prepared. Plans will include appropriate drawil and details for grading, street improvements, installation of storm drain, streetlig€ street striping and signing, traffic control, landscaping and irrigation of graded slopes 2 medians, During project development, preparation of construction plans will be coordinal with the City-provided soils engineer, the Carlsbad Municipal Water District and otl utility agencies having facilities within the area. E. Deeds, legal descriptions and plats will be coordinated and develor concurrently with project plans for up to ten (10) parcels affected by additional rig of-way or easement needs. Preliminary title reports will also be furnished for each parc SCOPE OF SERVICES Task 1 : Research Search existing public records and collect relevant information, studies, maps, a improvement plans. Information on underground utilities will be obtained from thc utility agencies having facilities within the project area. Task 2: Desim Surveying BSI's Field Services Division will furnish all design surveying for this proje' Survey crews will first re-establish the project centerline utilizing existing horizon1 control points and street survey monuments. A convenient benchmark will be establish near the project site as vertical control for both design and construction surveying. e e Cross-sections will be taken along the El Camino Real centerline at 50-fc intervals and at key locations such as driveways, curb returns and street intersectio, Existing topographic features will be located and referenced to the centerline. Draina facilities will be located both vertically and horizontally. Cross-sections will be extended to include the open channel located along t easterly side of El Camino Real and existing slope areas to be impacted by slope gradi operations. A copy of all survey notes will be furnished to the City with the first submittal preliminary project plans and specifications. Task 3: Desim of Street ImDrovements After the design surveying has been completed, base mapping will be prepar from the survey information and street improvement plans prepared at 1"=40' sca Street improvement drawings will show existing topographic features, existing utiliti removal and disposition of existing improvements, slope and channel grading, and nc improvements to be constructed. New improvements include concrete curb and gutt sidewalk, pavement widening, curb inlets, and landscaped medians. Profiles will shown for curbs and centerline. It is anticipated that no overlay will be required and that pavement widening v be designed to match existing pavement. Structural sections for pavement widening v be determined based on CALTRANS' method of flexible pavement design using R-Val test results provided by the City's soils engineer. e e Task 4: Cross-Sections and Earthwork Calculations Prepare cross-sections at maximum SO-foot intervals based on survey informat: obtained in Task 2. Cross-sections will be drafted on plan sheets for inclusion in project bid plans and will show existing and improved surfaces along with cut or quantities. Earthwork quantities will be determined from the cross-sections and will be sho on the project bid plans. A copy of all earthwork calculations will be furnished to 1 City. All grading design will be coordinated with the City-provided soils engineer. 1 project bid plans will reference all soils reports prepared for this project. Task 5: Storm Drain and Sewer Design It is anticipated that several new storm drainage systems will be required a existing facilities will need to be modified to accommodate new construction. Sto drain plans will be prepared, showing horizontal and vertical alignments, constructio notes, hydraulic design information, existing utilities and existing improvements impacl by storm drain construction. Sewer plans will be prepared for a main line to be installed within the existj right-of-way of El Camino Real. This line will be designed to serve the parcels adjacc to the west, from Chestnut Avenue to Tamarack Avenue. One (1) sewer lateral will provided adjacent to Assessor’s Parcel No. 207-180-09, which contains an existing pub utility easement. W 0 Included in this task is the preparation of sewer flow quantity estimates, hydrolo, and hydraulic reports. Two (2) copies of each report will be furnished to the City. Task 6: Streetlighting Desim A streetlighting system will be designed for those portions of the project whc streetlighting does not exist. New streetlights will be similar to existing lighting locatr along El Camino Real. Details of streetlight installation will be shown on the stre improvement plans developed in Task 3. BSI will coordinate the system design wi affected utility companies to establish service points and service connection requiremen Task 7: Desim of Pavement StriDinn and Sinning Drawings for pavement striping and signing will be prepared in accordance wi CALTRANS design criteria and standards. It is anticipated the pavement will be strip for 3 lanes of traffic in each direction with an 8-foot shoulder. Task 8: Traffic Control Desim Design drawings and details will be prepared for construction area traffic contr in accordance with CALTRANS’ Manual of Traffic Controls for Construction ar Maintenance Work Zones or other approved criteria. Task Or LandscaDe and Erriaation Desim Landscape and irrigation plans will be prepared for the seeding, planting a1 irrigation of newly graded slopes, channel grading and landscaped medians in accordanc W 0 with the City of Carlsbad Landscape Design Criteria. In addition, median isla hardscaping will be designed to match existing landscaped medians along other portic of El Camino Real. Task 10: Proiect Bid Plans Design drawings will be prepared as described in Tasks 3 through 9 of t: proposal and combined into a single set of project bid plans. Project plans will prepared in accordance with the City of Carlsbad Standard Design Criteria for PuE Works Improvements, Standard Specifications for Public Works Construction (Gre Book), and the San Diego Regional Standard Drawings. All final drawings will be drafted in ink on Standard "D" size mylar with the C of Carlsbad title block. Project plans will consist -of a cover sheet and plans for strc improvements, storm drains, striping and signing, traffic control, landscaping a irrigation, and appropriate construction details and notes, A cover sheet will be prepared containing a location map, legend, general no1 and typical sections. Preliminary project plans will be submitted to the City for review and comment approximately 50% and 90% completion levels. One (1) sepia copy of the plans will provided for each submittal. Upon completion of final plans, one (1) set of original mylar drawings will provided to the City. w e Task 11 : Specifications. Bid Documents and Estimates A complete set of bid documents and specifications including Special Provisions w be developed for this project. Special Provisions will reference the Standard Specificatio for Public Works Construction and the San Diego Regional Standard Drawings whenet possible. Preliminary specifications will be submitted for review with the 90% submittal final project plans. At the conclusion of project design, one (1) set of original k documents together with one (1) magnetic computer disk containing bid documents Wordperfect format will be furnished to the City. A detailed cost estimate will also be prepared for the project and will identify t project bid items, quantities, estimated unit prices and total project costs. A tentati construction work schedule will be developed and accompany cost estimates. Task 12: Environmental Assessment Included in this task is the environmental analysis of the project in order complete the requirements of the City of Carlsbad’s Part I Environmental Imp: Assessment process. As requested in the Request for Proposal, the environmental analy will place emphasis on the biological assessment of areas impacted by grading. After fit surveys have been completed, the Part I Environmental Impact Assessment (EIA) Fo; will be prepared and submitted to the City for evaluation of impacts. This will inclu a written explanation of the responses on the form in order to provide consistency w the requirements of the California Environmental Quality Act. W 0 Task 13: Right-of-way Ennineerinq Prepare preliminary and final plats and legal descriptions for up to ten (IO) parcc as necessary to acquire additional right-of-way or slope easements within this proje A ROW/Property Map will also be prepared for project control, complete with ownership acquisition chart to itemize progress of right-of-way and slope easeme acquisition. Preliminary title reports will be furnished for up to ten (10) parcels affect by right-of-way or slope easement acquisition. Task 14: Utility Coordination Coordinate the development of this project with utility agencies having facilit: in the project vicinity and will submit project plans at the 90% completion level to thc agencies for a check of utility conflicts. If required, utility adjustments and relocatic will be shown on the plans. However, design of utility modifications has not be included within the scope of this proposal. In addition, project design will be coordinated with future Carlsbad Munici] Water District construction and traffic control plans. Task 15: General Proiect Mananement Included in this task is the overall project supervision, preparation of status repol attendance of meetings and quality control review of project plans and specifications BSI personnel will meet with the City staff at the outset of the project to revi our approach to project design, discuss design-related issues and finalize project m 1 J scheduling. It is anticipated there will be five (5) additional coordination meetings wi staff to present submittals and a preconstruction conference. 2. CITY OBLIGATIONS The following will be provided by the City: A. Blank mylar plan and profile sheets. B. "Boilerplate" standard language for contract documents, bond forms a: general provisions on disk compatible with Wordperfect. C. Soils reports including R-value. D. Acquisition appraisals, attorneys and negotiations with property owners E. Reference plans, standards and specifications. 3, PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt notification to proceed by the City and be completed within one hundred and eigl (180) days of that date, in accordance with the attached Exhibit B. Extensions of ti1 may be granted if requested by the Consultant and agreed to in writing by the C Engineer. In consideration of such requests, the City Engineer will give allowance i documented and substantiated unforeseeable and unavoidable delays not caused by a la of foresight on the part of the Consultant, or delays caused by City inaction or otl agencies' lack of timely action. v 4. FEES TO BE PAID TO CONSULTANT The lump SUM fee payable according to Paragraph 5, "Payment of Fees," shall $150,000. No other compensation for services will be allowed except those items cover by supplemental agreements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be monthly based upon work completed and in accordan with Exhibit A attached, Consultant's Fee Schedule. 6. FINAL, SUBMISSIONS Within fifteen (1 5) days of completion and approval of the final design, t. Consultant shall deliver to the City the following items: A. Original mylars at scale of the drawings reproducible on standard 24" by 3 sheets. Blank mylars will be provided by the City. B. All final engineering certifications and documents. The plans shall be sign 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 t Consultant or the City, and informal consultations with the other party indicate that change in the conditions of the Contract is warranted, the Consultant or the City m request a change in Contract. Such changes shall be processed by the City in t following manner: A letter outlining the required changes shall be forwarded to the Cj by Consultant to inform them of the proposed changes along with a statement w m estimated changes in charges or time schedule. After reaching mutual agreement on t: proposal, a supplemental agreement shall be prepared by the City and approved by t City Council. Such supplemental agreement shall not render ineffective or invalid2 unaffected portions of the agreement. Changes requiring immediate action by t Consultant or City shall be ordered by the City Engineer who will inform a principal the Consultant’s firm of the necessity of such action and follow up with a supplemen agreement covering such work. 8. DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with t design standards of the City of Carlsbad and recognized current design practicc Applicable City of Carlsbad Standards and Regional Standards shall be used wht appropriate. 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 compa or person, other than a bona fide employee working for the Consultant, to solicit secure this agreement, and that Consultant has not paid or agreed to pay any compa or person, other than a bona fide employee, any fee, commission, percentage, brokera fee, gift, or any other consideration contingent upon, or resulting from, the award making of this agreement. For breach or violation of this warranty, the City shall ha the right to annul this agreement without liability, or, in its discretion, to deduct frc: w e the agreement price or consideration, or otherwise recover, the full amount of such ff commission, percentage, brokerage fee, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regardi nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the wc as provided for in this Contract, the City may terminate this Contract for nonperforman by notifying the Consultant by certified mail of the termination of the Contract. T Consultant, thereupon, has five (5) working days to deliver said documents owned by t City and all work in progress to the City Engineer. The City Engineer shall make determination of fact based upon the documents delivered to City of the percentage work which the Consultant has performed which is usable and of worth to the City having the Contract completed. Based upon that finding as reported to the City Counc the Council shall determine the final payment of the Contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreeme] the following procedure shall be used to resolve any question of fact or interpretation n otherwise settled by agreement between parties. Such questions, if they becon identified as a part of a dispute among persons operating under the provisions of ti Contract, shall be reduced to writing by the principal of the Consultant or the Cj 0 0 Engineer. A copy of such documented dispute shall be forwarded to both parties involv along with recommended methods of resolution which would be of benefit to bc parties. The City Engineer or principal receiving the letter shall reply to the letter alo with a recommended method of resolution within ten (10) days. If the resolution th obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall forwarded to the City Council for their resolution through the Office of the City Manag The City Council may then opt to consider the directed solution to the problem. In su cases, the action of the City Council shall be binding upon the parties involved, althou nothing in this procedure shall prohibit the parties seeking remedies available to them law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and drawir for the widening of El Camino Real between Chestnut Avenue and Tamarack Avenl Project No. 3327, and any payments made to Consultant are compensation solely for s1: services. Consultant shall certify as to the correctness of all designs and sign all pla. specifications, and estimates furnished with Registered Civil Engineer’s number, 1 Landscape Architect’s registration number.) 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) dl written notice to the other party. In the event of such suspension or termination, UF request of the City, the Consultant shall assemble the work product and put same e 0 order for proper filing and closing and deliver said product to City. In the event termination, the Consultant shall be paid for work performed to the termination dal however, the total shall not exceed the guaranteed total maximum. The City shall ma the final determination as to the portions of tasks completed and the compensation to made. Compensation to be made in compliance with the Code of Federal Regulation 15. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s 01 way as an independent Contractor and in pursuit of Consultant’s independent calling, a not as an employee of the City. Consultant shall be under control of the City only as the result to be accomplished and the personnel assigned to the project, but shall cons: with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made the Consultant pursuant to this contract shall be the full and complete compensation which the Consultant is entitled. The City shall not make any Federal or State t withholdings on behalf of the Consultant. The City shall not be required to pay a workers’ compensation insurance on behalf of the Consultant. The Consultant agrees indemnify the City for any tax, retirement contribution, social security, overtime payme: or workers’ compensation payment which the City may be required to make on behalf the Consultant or any employee of the Consultant for work done under this agreeme: The Consultant shall be aware of the requirements of the Immigration Reform a Control Act of 1986 and shall comply with those requirements, including, but not limil 0 0 to, verifying the eligibility for employment of all agents, employees, subcontractors a consultants that are included in this agreement. 16. CONFORMITY TO LEGAL, REOUIEEMENTS The Consultant shall cause all drawings and specifications to conform to applicable requirements of law: Federal, State and local. Consultant shall provide necessary supporting documents, to be filed with any agencies whose approval necessary. 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 requi~ are the property of the City, whether the work for which they are made to be execul 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 sh 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, liabiliti penalties, fines, or any damage to goods, properties, or effects of any person whatev nor for personal injuries or death caused by, or claimed to have been caused by, resulting from, any intentional or negligent acts, errors or omission of Consultant Consultant’s agents, employees, or representatives. Consultant agrees to defel indemnify, and save free and harmless the City and its officers and employees agai 0 0 any of the foregoing liabilities or claims of any kind and any cost and expense that incurred by the City on account of any of the foregoing liabilities, including liabilities 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 mon 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 tl Contract by the Consultant, Consultant shall be fully responsible to the City for the ac and omissions of Consultant’s subcontractor and of the persons either directly or indirec employed by the subcontractor, as Consultant is for the acts and omissions of persc directly employed by Consultant. Nothing contained in this Contract shall create a contractual relationship between any subcontractor of Consultant and the City. T Consultant shall bind every subcontractor and every subcontractor of a subcontractor the terms of this Contract applicable to Consultant’s work unless specifically noted to t 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 negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of any architectural, engineering, inspection, construction or material sup] contractor, or any subcontractor in connection with the construction of the project, sh 0 0 become directly or indirectly interested personally in this Contract or in any part there( No officer, employee, architect, attorney, engineer, or inspector of or for the City who authorized in such capacity and on behalf of the City to exercise any executh supervisory, or other similar functions in connection with the performance of tl Contract shall become directly or indirectly interested personally in this Contract or a part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of t City, either before, during, or after the execution of this Contract, shall affect or mod any of the terms or obligations herein contained nor such verbal agreement conversation entitles the Consultant to any additional payment whatsoever under t terms of this Contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all ten conditions, and provisions hereof shall insure to and shall bind each of the parties here 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 writtc * 0 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of t City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict Interest Code. 26. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance from insurance company authorized to be in business in the State of California, in an insural 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) dz prior notice to the City. The City shall be named as an additionally insured on this policy. The Consult: 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: BY " I.;;e -&5,dnf Mayor Title APPROVED AS TO FORM: ATTEST: Assistant City Attorney City Clerk 0 m EXHIBIT A FEESCHEDULE Services Included in Fee: Task 1 : Research Task 2: Design Surveying Task 3: Task 4: Task 5: Task 6: Task 7: Task 8: Task 9: Task 10: Task 11: Task 12: Task 13: Task 14: Task 15: Design of Street Improvements Cross-Sections & Earthwork Calculations Storm Drain and Sewer Design Streetlighting Design Pavement Striping & Signing Design Traffic Control Design Landscape and Irrigation Design Project bid Plans Specifications, Bid Documents 81 Estimates Environmental Assessment Right-of-way Engineering Utility Coordination General Project Management Total Labor & Subconsultants Allowance for Direct Project Costs Total Lump Sum Fixed Fee SHtt I ESbl Cost $ 1,1( $ 26,2 $ 19,6 $ 6,7( $ 7,7( $ 1,4: $ 4,0( $ 3,2( $ 38,3 $ 3,7' $ 581 $ 6,6' $ 15,O $ 1,7: $ 5.11 $1464 $ 3,5( $150,(1 = 0 0 . ~~~ "" .. ~ -~~~."--- ~~ .- .- ~.~ ."~- .~~". - ~ -~ ".""-.- -~ "." ~~~.. - .. - EXHIBIT A BSI CONSULTANTS, INC. Schedule of Hourly Rates April 1, 1990 Expert Testimony Senior Principal Consultant Principal Consultant Principal Engineer Senior Associate Associate Senior Engineer Engineer III Engineer 11 Engineer I Senior Specialist Specialist III Specialist 11 Specialist I Planner 11 Planner I Senior Designer Designer Senior Draftsperson Draftsperson Engineering Assistant Plan Checker IV Plan Checker III Plan Checker 11 Plan Checker I Technician VI Technician V Technician IV Technician III Technician 11 Technician I 160.00 160.00 135.00 125.00 105.00 95.00 95.00 85.00 75.00 65.00 95.00 85.00 75.00 65.00 75.00 65 .OO 80.00 65.00 55.00 45.00 55.00 85.00 75.00 70.00 65.00 70.00 60.00 50.00 43.00 36.00 32.00 Principal Landscape Architect Senior Landscape Architect Landscape Architect Associate Landscape Architect Assistant Landscape Architect Licensed Land Surveyor Supervising Land Surveyor 2-Person Survey Crew 3-Person Survey Crew Senior Survey Analyst Survey Analyst Senior Right-of-way Agent Right-of-way Agent Assistant Right-of-way Agent Senior Inspector Inspector Senior Contract Administrator Contract Administrator Nuclear Gauge & Operator Building official Senior Programmer programmer Cadd Designer Cadd Operator 11 Cadd Operator I Word Processor 111 Word Processor II Word Processor I clerical Plotter Synercom Equipment SHEET 2 125.0 95.0 90.0 85.0 65.0 80.0 75.0 150.0 186.0 75.0 65.0 85.0 65.0 50.01 65.01 55.01 66.01 45.01 87.01 70.01 55.01 75.01 65.01 55.0 55.0; 45 .O( 36.0( 30.0( 1o.ot 2 1 .O( 56.01 Out-of-pocket expenses (blueprinting, reproduction and printing) will he invoiced at cost pl 15%. A fee for administration, coordination and handling in the amount of 15% will be added subcontracted services. Mileage will be invoiced at $0.36/mile. This Schedule of Hourly Rates effective as of April 1, 1990. Rates may be adjusted after that date to compensate for labor cc increases and other increases due to inflationary trends. BSI M116 5/14/! L 7 fi B griq 58% pf 3iQ z-35 E cv 0 0 0 z b u w 3 n 2 JY 31 n 3&)g OpLZ Bz: E c 5 O4 t4 w z 0 z 4 u cl w 3 I EXHIBIT B \\