HomeMy WebLinkAbout1991-02-05; City Council; 11020; AWARD OF CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS TO EL CAMINO REAL FROM CHESTNUT AVENUE TO HOSP WAY PROJECT NO. 3325I-
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OF IMPROVEMENTS TO EL CAMINO REAL FROMclnA1
ClYOF CARLSBAD - AGENB
AB#A,LEE TITLE: AwmD OF CONTRACT FOR THE CONSTRUCTION DEPT.~
PROJECT NO. 3325 CITY MI
MTG, 2/05/91 CHESTNUT AVENUE TO HOSP WAY DEPT. ENG:MP
RECOMMENDED ACTION:
Adopt Resolution No. ql-"IG accepting bids, awarding a constructic contract, approving a land surveying agreement, and appropriatii funds for the construction of improvements to El Camino Real frc
Chestnut Avenue to Hosp Way, Project No. 3325.
ITEM EXPLANATION:
On November 13, 1990, the City Council authorized the advertisemei
of bids for the improvements to El Camino Real from Chestnut Aveni
to Hosp Way. Five (5) sealed bids were received on January !
1991, as follows:
1. ABC Construction Company, Inc. $ 970,984.
2. R. E. Hazard Company $1,014,999.
3. William Kirchnavy Construction, Inc. $1,026,981.
4. Clayton Engineering, Inc. $1,065,872.
5. Drainage Construction Company $1,238,733.
This project includes the construction of street improvements a installation of landscaped medians on El Camino Real betwe Chestnut and Elm Avenue. Additionally, the project includes t construction of a major water main distribution pipeline on t easterly side of El Camino Real between Chestnut and Hosp Way association with the Carlsbad Municipal Water Distric Construction is anticipated to begin in late February and requi approximately five (5) months to complete. The combined pre-b engineer's estimate for both the street improvements/median work well as the waterline work was $1,686,517.50.
Municipal Proj ects staff, Purchasing staff, and the City Attorney Office have reviewed the complete bid documents from all parties detail and have concluded that the lowest responsive, responsib bidder is ABC Construction Company, Incorporated. It is therefo
recommended that the award of contract be made to ABC Constructi
Company, Incorporated.
Approval of the attached agreement with Right-of-way Engineeri
Services, Incorporated, authorizes construction staking for a street curbing, asphalt paving, and road construction work. Th firm is presently under contract with the Carlsbad Municipal Wat District to perform construction staking for all project relat water utility construction. Staff recommends approval of t attached consultant agreement for land surveying services duri
construction.
FISCAL IMPACT:
The City Council has previously appropriated $500,000.00 in t
current Capital Improvement Program budget for the construction the City's portion of the improvements for the project. The
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Page 2 of Agenda Bill No. ll,,ozo
funds are appropriated in Project Account No. 320-820-1840-332: The construction bid for the City-funded portion of the project :
$439,900.00. The estimated City-funded project costs are i
follows:
Design $ 34,000.( Geotechnical $ 7,000.( Construction $439,900.(
Construction Contingencies (15%) $ 66,000.(
Inspection/Administration (10%) $ 44.000.(
Total Estimated Cost $603 , 000. (
Estimated Developer's Reimbursement $214,668. (
Net Estimated Project Cost $388 , 332. (
Construction Staking $ 12,100.(
Total Estimated City Cost $603,000. (
Total Existing Appropriations $500,000. I
Additional Required Appropriations $103 , 000. I
Staff recommends the City Council appropriate $103,000.00 ( available Gas Tax funds from Unappropriated Reserves to the Projec Account Number 152-820-1840-3325 representing the total estimatc City costs for the project.
The potential reimbursements represent development conditions I approved final maps for Multitech and LCJ Development and t approved tentative map condition of Felkins. Costs are based upc the conditions of development which include an estimated per line,
foot of frontage cost. Letters have been previously sent to the;
property developers providing initial cost estimates for tl imrovements required as conditions of their respecti developments.
Multitech Properties
Median Improvements: CT 83-20 $71,162 (Est
Median Improvements: CT 81-19 $55,753 (Est
Median and Street Widening
Improvements CT 89-26 $87,482 (Est
LCJ Development Corporation
Horace & Dolphine Felkins
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Page 3 of Agenda Bill No. / (, c) zo ..
The Carlsbad Municipal Water District has previously appropriat
$1.72 million for the construction of CMWD water improvements f the project which is in excess of funds required for the CN improvements. A separate action by the Carlsbad Municipal Wat District will allow award of the contract to ABC Constructi Company, Incorporated, for a total cost of $970,984.00 representi CMWD's estimated participation in the project.
EXHIBITS :
1. Location map.
2. Resolution No. 9 I - Lir (0 accepting bids, awarding a constructi contract, awarding a land surveying contract, a appropriating funds for the construction of improvements to Camino Real from Chestnut Avenue to Hosp Way.
3. Agreement with Right-of-way Engineering Service Incorporated.
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WATERLINE IMPROVEMENTS NOT TO SCALE e--..
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RESOLUTION NO. 91-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND
AWARDING CONTRACTS FOR THE CONSTRUCTION OF IMPROVEMENTS, APPROVING A LAND SURVEYING
AGREEMENT, AND APPROPRIATING FUNDS FOR IMPROVEMENTS ON EL CAMINO REAL FROM CHESTNUT AVENUE TO HOSP WAY, PROJECT NO. 3325
WHEREAS, the City Council of the City of Carlsbad
previously authorized the advertisement of bids for
construction of improvements to El Camino Real from Chestnut Av
to Hosp Way, Project No. 3325; and
WHEREAS, five (5) sealed bids were received on Januai
1991, for said project; and
WHEREAS, all bid documents received from all bidders
been reviewed in detail and the City Council does hereby find
the lowest responsive, responsible bid received for
construction of said project was submitted by ABC Construc
Company, Incorporated, in the amount of $970,984.00; and
WHEREAS, the City of Carlsbad and Right-of
Engineering Services, Incorporated, have reached an agrec
regarding land surveying services; and
WHEREAS, the Carlsbad Municipal Water District i
accompanying action will approve the District's portion of
project.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correc
2. That the bid in the amount of $970,984.00 subm:
by ABC Construction Company, Incorporated, is hereby accepted
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3. That the agreement between the City of Carlsbac
4. That $103,000.00 is hereby appropriated from
PASSED, APPROVED AND ADOPTED at a regular meeting of
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Nygaard and S
(SEAL)
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AGREEMENT WITH RIGHT-OF-WAY ENGINEERING
SERVICES, INCORPORATED FOR
LAND SURVEYING SERVICES FOR THE CONSI'RUCXION OF
EL CAMINO REAL BETWEEN CHESINUT AVENUE AND
HOSP WAY, PROJECT NO. 3325
THIS AGREEMENT, made and entered into as of the 7 ~ day of
, 1991. by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City", and RIGHT-OF-WAY
ENGINEERING SERVICES, INCORPORATED, hereinafter referred to as "Consultant".
P
RECITALS
City requires the services of a land surveying consultant to provide the
necessary land surveying services for the construction of El Camino Real between
Chestnut Avenue and Hosp Way; 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
Provide construction land surveying services for the following task:
A.
B.
Mark out removals and sawcut limits.
Tie out existing survey monuments (4 each).
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C.
D.
E. Stake signal locations.
F.
Stake median curb (25-fOOt intervals).
Paint pavement fills for variable thickness A.C. overlays.
Coordinate survey work, provide survey stakeout notes, and attend
project pre-construction meeting.
The above tasks apply to the street construction work as noted on Drawing
NO. 312-8.
2. CITY OBLIGATIONS
The City shall notify consultant at least two (2) working days before survey
services will be required in connection with the laying out of any portion of the
work.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City. Extensions of time may be granted if requested
by the Consultant and agreed to in writing by the City Project Manager. The City
Project Manager will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part
of the Consultant, or delays caused by City inaction or other agencies’ lack of timely
action.
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4. FEES TO BE PAID TO CONSULTANT
The total shall-not exceed the fee payable according to Paragraph 6,
"Payment of Fees," and shall be $10,020.00. No other compensation for services
will be allowed except those items covered by supplemental agreements per
Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof.
The contract may be extended for one (1) additional one (1) year periods or parts
thereof, based upon satisfactory performance and the City's needs.
6. PAYMENT OF FEES
Payment of fees shall be monthly based upon the percentage of completion
of the work and the attached Exhibit A, Schedule of Rates.
7: CHANGES IN WORK
If, in the course of the contract, 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
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estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City-and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
8. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other 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
fees, gift, or contingent fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
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10. TERMINATION OF CONTRACX
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 Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the City Project
Manager. The City Project Manager shall make a determination of fact based upon
the documents delivered to City of the percentage of work which the Consultant has
performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Manager, the Manager
shall determine the final payment of the contract.
11. 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 Project Manager. 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 Project Manager or
principal receiving the letter shall reply to the letter along with a recommended
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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.
12. 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 lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s
own way as an independent contractor and in pursuit of Consultant‘s independent
calling, and not as an employee of the City. Consultant shall be under control of
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the City only as to the result to be accomplished, 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 the 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.
14. CONFORMlTY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide
all necessary supporting documents, to be filed with any agencies whose approval
is necessary.
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The City d prodde cop:es of the approved plans to any other agencies.
15. 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 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.
16. REPRODUClTON RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City.
17. 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 resulting from, any
intentional or negligent acts, errors or omissions 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
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foregoing claims, liabilities, penalties or fines, including liabilities or claim by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney's fees which are incurred by the City on account of any of the foregoing.
18. ASSIGNMENT OF CONTRACI'
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the City.
19. 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.
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20. 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 this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly. interested personally in this
contract or any part thereof.
21. VERBAL 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 entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall insure to and shall bind each of the
parties hereto, and each of their respective heirs, executors, administrators,
successors, and assigns.
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23. EFFECTIVEDATE
This agreement shall be effective on and from the day and year first above
written.
24. CONFLICX OF INTEREST
The Consultant shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. The Consultant shall report investments or interests in real property.
25. INSURANCE
The Consultant shall obtain and maintain policies of general liability
insurance, automobile liability insurance, and a combined policy of workefs
compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($1,000,000) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the City sent by certified mail.
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Executed by Consultant this day of Y
1991.
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
RIGHT-OF-WAY ENGINEERING
SERVICES. INCORPORATED
(name of Consultant)
By: City Manager or Mayor
By:
c:EL/L L= RYAL 5 ATTEST:
(print name here)
p&=g/;/Oti\l7, /<I&% 7- ok-- Wk y f% &U&€.&d&
SdL. DL
(title and organization of signatory)
ALETHA L. RAUTENKRANZ
City Clerk
(Secretary or Assistant Secretary, if
Corporation)
CORPORATE ACKNOWLEDGMENT
Wersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
named, and acknowledged to me that the corporation executed it
WITNESS my hand and official seal.
or on behalf of the corporation therein
PMd &
ATTENTION NOTARY Although the information requested below is OPTIONAL, it Id prevent fraudulent attachment of this certificate to another document
MIS CERTIFICATE
MUST BE ATTACHED TO THE DOCUMENT
DESCRIBED AT RIGHT
Title or Type of Document Pon-Mfw7 .F/3 R SFRLUC&T
Signer@) Other Than Named Above
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RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
RIGHT-OF-WAY ENGINEERING SERVICES, INC.
A California Corporation
The undersigned, being all of the Directors of RIGHT-OF-W$
ENGINEERING SERVICES, INC., A California Corporation, by thj
writing approve the following resolutions and consent to thei
adoption :
WHEREAS, the Board of Directors of this Corporation desirf to yi-ant to the Officers of this Corporation, the power to execui
all corporate instruments and documents, or to siqn the corporal
name without limitation, each acting'alone and without approval
signature of any other corporate Officer.
NOW, THEREFORE, BE IT RESOLVED, that CECIL E. RYALS is here authori.zetl and directed to act alone in signing any and a
corporate documents of any kind or nature, and/or relat
instruments, for the benefit of the Corporation, on such terms a
conditions as CECIL E. RYALS, in his sole discretion, dee
advisable and in the best interest of the Corporation.
This consent is executed pursuant to subdivision (b)
Section 30'7 of the California Corporations Code, and is to be fil with the Minutes of Board proceedings.
Executed effective January 1, 1990. L...gL
Director
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/ ,f/&,./ 2i&/ %A/
G. DUANE NIkON
Director
* E XH I B IT 'I A" Q
Right-of-way Engineering Services, Inc. Civil Engineering Land Surveying
SCHEDULE OF RATES
DESCRIPTION HOURLY RATE
2 MAN SURVEY CREW $ 125.00
3 MAN SURVEY CREW $ 145.00
LICENSED LAND SURVEYOR $ 65.00
COMPUTER DRAFTSMAN/DESIGNER $ 55.00
SURVEY TECHNIC I AN $ 55.00
2103 El Camino Real Suite 208, Oceanside, CA 92054
(61 9) 757-4443