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HomeMy WebLinkAbout1992-01-28; City Council; 11535; APPROVAL OF A CONSULTANT AGREEMENT FOR THE PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARLSBAD BOULEVARD AND CANNON ROAD, PROJECT NO. 3365k Q go lr: Q e q z o F 2 6 8 2 3 CITaOF CARLSBAD - AGENPO) BILL 2.f- * @fl AB# /\53-5 TITLE: APPROVAL OF A CONSULTANT AGREEMENT DEPT. HI CITY AT: MTG. /-g%-?& DEPT. ENG CANNON ROAD, PROJECT NO. 3365 CITY MG RECOMMENDED ACTION: FOR THE PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARLSBAD BOULEVARD AND Adopt Resolution No. q$- 33 approving a consultant agreement for the preparat of a planning study over portions of Carlsbad Boulevard and Cannon Road, Proj No. 3365. ITEM EXPLANATION: In October 1991, the City Council approved a revision to the Traffic Impact (TIF) Ordinance which adopted an updated 1 ist of circulation improvements necess to accommodate the traffic impacts related to future development. One of projects included in the TIF program is for the widening of a portion of Carls Boulevard with improvements to the intersection with Cannon Road. The traf analysis used in the preparation of the TIF program concluded that future traf volumes on Carlsbad Boulevard could be accommodated with the construction of a f width four lane roadway. This action is recommending approval of a consultant agreement for the preparat of a planning study report that will evaluate alternative alignments and result impacts due to the construction of Carlsbad Boulevard from the SDG&E Encina PC Plant to Manzano Drive and also for Cannon Road between Carlsbad Boulevard anc Arbol Drive. The scope of work outlined in the attached consultant agreen includes the following: . Development of alignment alternatives. . Identify potential environmental and construction impacts as a result widening existing roadways. Preparation of a detailed cost estimate for each alternative. . Coordination with public agencies responsible for issuance of permits the proposed improvements. Meetings with affected property owners. Preparation of a report summarizing the above and recommending speci a1 ignments for Council approval. The alignment alternatives and the evaluation of impacts as a result of construction of full width improvements will provide the City with key informal regarding the future widening of these roadways. This report will ultimatelj used as a basis for the development of the final design document. Proposal s were received from el even consul tant engineering firms. An Engineer Department committee carefully evaluated and ranked firms based on tt qualifications and experience with similar types of work. Leedshill-Herkenhc Incorporated was selected as the most qualified firm to provide the engineer services for the preparation of this planning study. I . 0 e Page 2 of Agenda Bill No. ! 1 )535 FISCAL IMPACT: The attached consultant agreement provides for a lump sum fee of $85,000. The Council has previously appropriated $113,000 for this planning study in Accoun. In the future, additional project funding will be required in order to complc design and subsequently construct the ultimate improvements. The constructic the ultimate improvements is projected to be funded through Traffic Impact F EXHIBITS : 1. Location Map 2. Resolution No. sa-33 approving a consultant agreement for preparation of a planning study over portions of Carlsbad Boulevard Cannon Road, Project No. 3365 310-820-1840-3365. 3. Consultant Agreement with Leedshill-Herkenhoff, Incorporated. PROJECT NAME: CARLSBAD BOULEVARD WIDENING MANZANO DRIVE TO CANNON ROAD PROJECT # EXHIBIT 3365 I e 0 AGREEMENT FOR PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARTSBAD BOULEVARD AND CANNON ROAD THIS AGREEMENT, made and entered into as of the day of ,19,, by and between the CITY OF CAFUSBAD, a municipal corporation, hereinafter referred to as "City", and LEEDSHILL-HERKENHOFF INCORPORATED, hereinafter referred to as "Consultant". RECITALS City requires the services of an engineering consultant to provide a Planning Study evaluating alternative alignments for Carlsbad Boulevard between the SDG&E Encina Power Plant and Manzano Drive, and Cannon Road from Carlsbad Boulevard to El Arbol Drive; 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 The goal of this study is to evaluate several roadway alignment alternatives for Carlsbad Boulevard from the SDG&E Encina Power Plant to Manzano Drive and also for Cannon Road from Carlsbad Boulevard to El Arbol Drive. This study will 1 Rev. 11/8/90 0 0 be used to develop a specific alignment and establish criteria for final design, outside agency coordination and a budget level estimated cost for the construction of the two road segments. The scope of work is as follows: TASK 1 The consultant will obtain and analyze all existing information, as-built plans and any prior documents. This research shall include an initial meeting with City staff to refine the schedule of the alignment study to be prepared. TASK 2 A project schedule shall be developed and approved by the Project Manager which will identify logical components of the project study and time requirements to complete the report. TASK 3 The consultant will provide ground control for aerial photogrammetry and topographic mapping at a scale of one inch equals 20 feet with one foot contours. The resulting topographic map will conform to the requirements as outlined in the National Map Act Accuracy Standards. Enlarged aerial colored photos (one set) at a scale of one inch equals 20 feet will be provided. The aerial colored photos will be mounted on 1/4" foam board and cover from approximately 800 feet north of Cannon Road to 400 feet south of Manzano Drive on Carlsbad Boulevard. The portion of Cannon Road to be mapped and photographed will include the intersection at Carlsbad Boulevard and extend to the AT&SF Railroad, a distance of 2 Rev. 11/8/90 0 0 approximately 1,200 feet. Negatives and survey notes will become property of the City. TASK 4 Consultant will contact representatives from SDG&E, Pac Bell, Daniels Cablevision, Carlsbad Municipal Water and Sewer Districts and any other utility company that may have facilities within the project area. Maps will be obtained and utility lines plotted on base maps. The final report will identify where utility potholing or field verification will be required for future improvement plans. TASK 5 Field profiles will be prepared at steep driveways (maximum of 15 locations) serving the adjacent properties. The profiles will include pad and garage floor elevations if' the garage locations are critical to the future widening of the street. Profiles of the 15 locations will be plotted at an adequate horizontal and vertical scale so that the new driveway profile can be superimposed on the existing cross- section. Selection of the 15 driveways to be profiled will be coordinated with City staff. No other cross-sections or profiles will be provided. TASK 6 The centerline of Carlsbad Boulevard and Cannon Road will be established by field survey. The resulting property line information will be plotted graphically on the one inch equals 20 feet scale topographic base maps. TASK 7 Prepare three (3) preliminary alternative alignments for Carlsbad Boulevard. 3 Rev. 11/8/90 0 0 The alternatives will be drafted in colored pencil or pen in plan view on the base maps at a scale of one inch equals 20 feet. The preliminary alignments dl1 include proposed typical street cross-sections and cross-sections at locations where driveway access may be critical. Only one layout will be required for Cannon Road. TASK 8 After review by the City of the preliminary alternative alignments, the selected alignments will then be drafted onto the plan and profile base maps. Typical street cross-sections and profiles at critical locations will be developed for each layout. The plans will show the street footprint, edge of curbs and gutters, sidewalks median locations, existing and proposed right-of-way. Two profiles will be shown, along the center of the northbound lanes and along the center of the southbound lanes. TASK 9 Proposed storm drain inlets are to be located at local sump conditions and at regular intervals in order to accommodate surface runoff. No hydrology or hydraulic analysis will be performed. TASK 10 The consultant shall prepare a final report which shall include a discussion with respect to the following: A. Propose three (3) selected alternative alignments identified in Task 8 and recommend one as the best alternative. 4 Rev. 11/8/90 e e B. Methods used to evaluate various alternative alignments including all cross sections required at critical locations. Include a description of the landscape theme for Carlsbad Boulevard. Photographs of the existing landscaped medians located along Carlsbad Boulevard shall be provided. Include survey control data so that alignment can be retraced during final design stages. Provide a budget level cost estimate to include all street construction items. A quantity take-off must be provided for each alternative to include major construction items such as: curb and gutter, pavement area, sidewalk, traffic signal modifications, streetlights, drainage inlets and pipes, retaining and sound walls, excavation and landscaping. C. D. E. TASK 12 The report will incorporate an Environmental Assessment prepared by the City's Planning Department. No documentation or review will be required of the consultant. TASK 13 During the preparation and adoption of the final report, the following meetings will be attended by the consultant: Initial Meetings with City Staff Property Owners 2 Monthly Progress Meeting With City Staff 6 1 5 Rev. 11/8/90 0 e TASK 14 The final report will be prepared describing the purposes and methodology of the report, verbal description of each alternative, cost comparisons and concluding with a recommended alignment. The report will also include any plans * and graphics as appendices. A total of 15 bound copies of the final report including plans will be furnished to the City. The final plans will be prepared on vellum material. 2. CITY OBLIGATIONS The City shall provide: A. A sample blank mylar plan and plan/profile standard drawing sheet with title block. Prior to Task 7, the City will provide copies of City studies, drawings and traffic reports as appropriate and meet with consultant to review design. Prior to Task 7, the City will provide necessary traffic engineering input with regards to traffic volume and peak hour turn movements counts and also intersection geornetrics for both Carlsbad Boulevard and Cannon Road including all intersections within the boundaries of this project. Prior to starting Task 8, the City will have provided all data, preferences, review comments, environmental design criteria and B. C. ' D. 6 Rev. 11/8/90 0 0 resol~tio~, traffic enfieering input, and any other fequirements for the preparation of the selected alignment drawings. The City will prepare an Environmental Assessment identifying any potential environmental impacts associated with the ultimate improvements. This evaluation will be delivered to the consultant as part of Task 8 and shall be incorporated into the final document. E. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within 180 days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Project Engineer. Included in the 180 days are 21 days for City review of the preliminary alignments and 20 days review of the draft of the final report. Should the City require additional time for review, the Consultant will be granted an extension to the 180 days to complete the contract. Should the contract be delayed by the City or other events beyond the control of the Consultant in excess of 360 days, the fee will be subject to adjustment as mutually agreed. 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 Eighty Five Thousand Dollars ($85,000). No other compensation for services will be allowed except those items covered by 7 Rev. 11/8/90 0 0 supplemental agreements per Paragraph 8, "Changes in Work." 5. DURATION OF CONTRA(TT This agreement shall extend for a period of 180 days from date thereof. The contract may be extended for one (1) additional one (1) year period or parts thereof, based upon satisfactory performance and the City's needs. 6. PAYMENT OF FEES Payment of fees shall not exceed Eighty Five Thousand Dollars ($85,000) and shall be paid per the following approximate percentages: A. Initial Meeting and Research 4% B. Base Mapping, Utility locations, Design Survey and Right-of-way Mapping 26% C. Preliminary Alternatives and Concept Level Drawings 46% D. Cost Estimates 7% E. Coordination Meetings 7% F. Final Report 10% 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the project report, the Consultant shall deliver to the City the following items: A. Fifteen (15) bound copies of the report including plans. 8 Rev. 11/8/90 0 e B. C. Survey and ground control notes. Enlarged aerial colored photos (one set) at a scale of one inch equals 20 feet mounted on 1/4 inch foam board. Copy of base topographic information in electronic file format compatible with Autocad Version 10. D. 8. 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 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. 9. COVENANTS AGAIN= CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, 9 Rev. 11/8/90 0 0 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, 01: 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. 10. NONDISCRIMINATtON CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Project Engineer. The Project Engineer 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 10 Rev. 11/8/90 0 0 upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of, the Consultant or the City Project Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Project Engineer or principal receiving the letter shall reply to the letter along with a recommended . method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11 Rev. 11/8/90 0 0 13. SUSPENSION OR TERMINATION OF SERWCES 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. h 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. 14. STATUS OF THE CONSULTANT The Consultant shall perfom 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 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, 12 Rev. 11/8/90 0 0 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. 15. CONFORMITY TO LEGAL, REOUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. 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 hisher records. 13 Rev. 11/8/90 e 0 17. REPRODUCTION 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. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or 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 foregoing claims, liabilities, penalties or fines, including liabilities or claims 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. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 14 Rev. 11/8/90 a 0 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of 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. 15 Rev. 11/8/90 0 e 22. 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 Consu;ltant to any additional payment whatsoever under the terms of this contract. * 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFE-DATE This agreement shall be effective on and from the day and year first above written. 25. CONFJJCXOFINTEREST 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. Rev. 11/8/90 16 0 0 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker's 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 ($l,OOO,OOO) 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. .... .... .... .... .... .... .... .... .... .... .... .... Rev. 11/8/90 17 0 day of aMd4X Y e Executed by Consultant this z”?d 19% 2 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California LEEDSHILL-HERKENHOFF. INC. (name of Consultant) By: /& By: City Manager or Mayor (sign here) &Gw&s5 & Aw * -H/g& - H*amW&F+ di (print name here) ATTEST: J/c(r Ak4s-‘#sQ7 (title and organization of signatory) ALETHA L. RAUTENKRANZ City Clerk (Secretary or Assistant Secretary, if Corporation) (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney BY Deputy City Attorney 18 Rev. 11/8/90 . 0 e LEEDSHILL-HERKENHOFF, INC. To; Whom it May Concern I, John Howard, Secretary of Leedshill-Herkenhoff, Inc., hereby declare that any of officers listed on the following excerpt from the minutes of a special meeting of the Bo of Directors of Leedshill-Herkenhoff, Inc., are authorized individually to sign contracts behalf of the corporation, and only one signature is required to bind the company. I further certify that the following is a true and correct copy of a resolution of the Board Directors, adopted at a special meeting on August 2, 1991. &*/Jig2 &&d57 A/ /Z -2 7-- 9/ - Jo oward, Secretary Date "Be it hereby resolved, that the following individuals are authorized to execute contracts on behalf of the firm, For all New Mexico contracts, Phillip G. Herkenhoff, Robert I. Johnson and Clinton F. Dodge; for Albuquerque office contracts, Jim Morris can also sign; for Santa Fe office contracts, Earl Cook can also sign. For California contracts, Phillip G. Herkenhoff, Robert I. Johnson, Clinton F. Dodge and Charles R. Bras." ! Y > 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 92-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONSULTANT AGREEMENT FOR THE PREPARATION OF A PLANNING STUDY OVER PORTIONS OF CARLSBAD BOULEVARD AND CANNON ROAD PROJECT NO. 3365 WHEREAS, the City of Carlsbad requires the services professional engineering consultant to prepare a planning study eval various alternative roadway alignments and recommend a specific a1 ignme Carl sbad Boulevard between the SDG&E Encina Power P1 ant and Manzano Drive a Cannon Road between Carlsbad Boulevard and El Arbol Drive; and WHEREAS, a scope of work and consultant agreement has been pr for said services; and WHEREAS, the City Council hereby finds it necessary, desirat in the public interest to approve said agreement. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitations are true and correct. 2. That the consultant agreement between Leedshill -Herkenhoff, I the City of Carlsbad is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement. 3. Following the Mayor's signature of said agreement, the City C further authorized and directed to forward copies of said agreement to 1 R. Bras, Vice President/Regional Manager, Leedshill -Herkenhoff, Incorpo /// /// /// /// //I /// /// 1I U' $ 1 2 3 4 5 6 7 a 9 IO 11 92 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 1) 10223 Barnes Canyon Road, Suite A210, San Diego, California 92121 an Engineering Department for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac Council held on the mhday of January , 1992 by the following to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar NOES : None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \