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HomeMy WebLinkAbout1992-12-15; City Council; 12002; INFORMATION ITEM: CONSULTANT AGREEMENT FOR BRIDGE DESIGN REVIEW FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT5 BATlQUlTOS LAGOON ENHANCEMENT RECOMMENDED ACTION: Accept and file as an information item the approval of a consultant agreement Engineering Corporation for the review of plans, specifications, and contract documen of the City of Carlsbad for the future construction of the West Carlsbad Boulevard Batiquitos Lagoon as an element of the Batiquitos Lagoon Enhancement Project. ITEM EXPLANATION The Batiquitos Lagoon Enhancement Project is currently in the final design phase wit schedule calling for construction to begin in 1994. One element of this project is tb replacement of the City of Carlsbad owned West Carlsbad Boulevard bridge. The r bridge design is included in the scope of work of the overall Enhancement Project des Moffatt and Nichol, Engineers of Long Beach, California. However, it is both cusi advisable for the public agency owner to review in depth the detailed design of n facilities such as these and approve the project design plans and related documer advertisement of construction bids. The City does not have the resources in-house to review and approve major bridg projects such as these. It is therefore recommended that an independent, qualified firm be retained to act on the City's behalf and review the bridge design work. At consultant agreement with Boyle Engineering Corporation to provide the necessary de services to the City for this project. Boyle Engineering is the same firm working for Carlsbad designing the three (3) Interstate 5 bridge overpass projects at Palomar Ai Poinsettia Lane, and La Costa Avenue and is very qualified to perform the required br FISCAL IMPACT 1 CARLSBAD BOULEVARD BRIDGES OVER BATIQUITOS LAG01 vIcm MAP N.T. E. PROJECT NAME EX) CARLSBAD BOULEVARD BRIDGE OVER BATIQUITOS LAGOON i 0 0 C AGREEMENT FOR CONSULTING SERVICES BRIDGE DESIGN REVIEW BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT, made and entered into as of the aw day of !6!&b&.Lfi , 1992, by and between the CITY OF CARLSBAD, a municipal corporatic hereinafter referred to as "Cityll, and BOYLE ENGINEERING CORPORATION, hereinaf referred to as "Consultant". RECITALS City requires the services of a bridge engineering consultant to provide 1 necessary design review services for City and act on behalf of City as specifically set fo in Section 1 , Consultant's Obligations, during the preparation of the bridge design for East and West Carlsbad Boulevard bridges which are owned by City and reqi modifications and/or complete replacement as a result of the Batiquitos Lagc Enhancement Project. All bridge plans, specifications, and estimates for said bric structure work shall be performed by a third party on behalf of City and shall not t part of the scope of work of this contract with Consultant; and Consultant possesses necessary skills and qualifications to provide the services described in Section 1; NOW, THEREFORE, in consideration of these recitals and the mutual coven: contained herein, City and Consultant agree as follows: 0 0 C 1. CONSULTANT’S OBLIGATIONS Consultant shall: 1. Review and comment in writing to City on bridge construction pian specifications, and estimates as directed by City for said project. 2. Review and comment to City on final bridge construction documents includir a brief letter report and evaluation. 3. Perform field review during construction as requested by City. 4. Perform other associated work for said project as requested in writing by C and agreed to by Consultant. 2. CITY OBLIGATIONS The City shall provide design submittals to Consultant and coordinate all work w other parties as required and provide a City contact person with authority to din Consultant. 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 ten (10) days fr Consultant’s receipt of submittals from City at any stage of the work under this contr Extensions of time may be granted if requested by the Consultant and agreed tc writing by the City Manager or his authorized representative. The City Manager or authorized representative will grant such time extensions for delays not caused 2 Rev. 6/1( 0 e negligence on the part of the Consultant, or delays caused by City inaction or 0th agencies' lack of timely action, or other causes not within Consultant's reasonable contrc 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment Fees," and shall be $5,000.00 in accordance with the rates and fees as established attached Exhibit 1 which is incorporated by reference and made a part hereof. Rates ai fees may be adjusted annually as agreed to in writing by City. No other compensati for services will be allowed except those items covered by supplemental agreements I Paragraph 8, "Changes in Work." 5. DURATION OF CONTRACT This agreement shall extend for a period of three (3) years from date thereof. - contract may be extended for three (3) additional one (1) year periods or parts there upon mutually agreement of the parties. 6. PAYMENT OF FEES Consultant shall submit invoices on a monthly basis to City for review l approval. Invoices shall be sufficiently detailed in terms of hours and costs by discip for said work. City shall pay Consultant upon receipt and approval of said invoices wi thirty (30) days. 3 Rev. 6/11 e e 7. FINAL SUBMISSIONS Within ten (10) days of completion of the submittal review, Consultant shall deliv to the City a written evaluation and comments on the submittals for said project. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the Ci' and informal consultations with the other party indicate that a change in the conditio of the contract is warranted, the Consultant or the City may request a change in contra Such changes shall be processed by the City in the following manner: A letter outlinii the required changes shall be forwarded to the City by Consultant to inform them oft proposed changes along with a statement of estimated changes in charges or tir schedule. A supplemental agreement shall be prepared by the City and approved by t City according to the procedures described in Carlsbad Municipal Code Section 3.28.1' Such supplemental agreement shall not render ineffective or invalidate unaffected portic of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any compE or person, other a bona fide employee working for the Consultant, to solicit or secure t agreement, and that Consultant has not paid or agreed to pay any company or pers other than a bona fide employee, any fee, commission, percentage, brokerage fee, ( or any other consideration contingent upon, or resulting from, the award or making of 1 4 Rev. 6/10 0 0 agreement. For breach or violation of this warranty, the City shall have the right to ann1 this agreement without liability, or, in its discretion, to deduct from the agreement pric or consideration, or otherwise recover, the full amount of such fee, commissioi percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regardir nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work i provided for in this contract, the City may terminate this contract for nonperformance t notifying the Consultant by certified mail of the termination of the Consultant. TI Consultant, thereupon, has five (5) working days to deliver said documents owned by ti City and all work in progress to the City Manager or his authorized representative. TI City Manager or his authorized representative shall make a determination of fact bas upon the documents delivered to City of the percentage of work which the Consult; has performed which is usable and of worth to the Crty in having the contract complete Based upon that finding as reported to the City Manager, the Manager shall determi 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 I 5 Rev. 6/101 e 0 otherwise settled by agreement between parties. Such questions, if they becom identified as a part of a dispute among persons operating under the provisions of th contract, shall be reduced to writing by the principal of the Consultant or the Ci’ Manager or his authorized representative. A copy of such documented dispute shall t: forwarded to both parties involved along with recommended methods of resolution whic would be of benefit to both parties. The City Manager or principal receiving the lett shall reply to the letter along with a recommended method of resolution within ten (1 days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a lea outlining the dispute shall be forwarded to the City Council for their resolution through tl Office of the City Manager. The City Council may then opt to consider the directc solution to the problem. In such cases, the action of the City Council shall be bindi upon the parties involved, although nothing in this procedure shall prohibit the parti seeking remedies available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) d: 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 order for proper filing and closing and deliver said product to City. In the eveni termination, the Consultant shall be paid for work performed to the termination d: however, the total shall not exceed the lump sum fee payable under paragraph 4. - City shall make the final determination as to the portions of tasks completed and thc 6 Rev. 6/1C 0 0 compensation to be made, although nothing in this procedure shall prohibit the partier seeking remedies available to them by law. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s ow way as an independent contractor and in pursuit of Consultant’s independent calling, ar not as an employee of the City. Consultant shall be under control of the City only as 1 the result to be accomplished, but shall consult with the City during the performance I services, as required. The Consultant is an independent contractor of the City. The payment made to tl Consultant pursuant to the contract shall be the full and complete compensation to whit the Consultant is entitled. The City shall not make any federal or state tax withholdin on behalf of the Consultant. The City shall not be required to pay any worke compensation insurance on behalf of the Consultant. The Consultant agrees reimburse the City for any tax, retirement contribution, social security, overtime payme or workers’ compensation payment which the City may be required to make on bel of 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 i Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontract and consultants that are included in this agreement. 7 Rev. 6/1( 0 a 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein requirf are the property of the City, whether the work for which they are made be executed not. In the event this contract is terminated, all documents, plans, specification drawings, reports, and studies shall be delivered forthwith to the City. Consultant shq have the right to make one (1) copy of the plans for his/her records. 16. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the wc pursuant to this contract shall be vested in City and hereby agrees to relinquish all clair to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitic penalties, fines, or any damage to goods, properties, or effects of any person whatev nor for personal injuries or death caused by, or resulting from, any willful or negligt acts, errors or omissions of Consultant or Consultant’s agents, employees, representatives. Consultant agrees to defend, indemnify, and save free and harmless t City and its officers and employees against any of the foregoing claims, liabilitic penalties or fines, including liabilities or claims by reason of such defects in any plans e specifications, and any cost, expense or attorney’s fees which are incurred by the C on account of any of the foregoing. 8 Rev. 6/10, 0 0 18. ASSIGNMENT OF CONTRACT Neither party shall assign this contract or any part thereof or any monies dl thereunder without the prior written consent of the other party. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under tb 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 indirectly employed by the subcontractor, as Consultant is for the acts and omissions persons directly employed by consultant. Nothing contained in this contract shall crei any contractual relationship between any subcontractor of Consultant and the City. TI Consultant shall bind every subcontractor and every subcontractor of a subcontractor I 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. 20. 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 this agreement, shall become directly or indirectly interested personally this contract or in any part thereof. No officer or employee of the City who is authoriz in such capacity and on behalf of the City to exercise any executive, supervisory, similar functions in connection with the performance of this contract shall become direc or indirectly interested personally in this contract or any part thereof. 9 Rev. 6/10, t 0 e 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CiQ either before, during or after the execution of this contract, shall affect or modify any i the terms or obligations herein contained nor entitle the Consultant to any addition payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all terrr conditions, and provisions hereof shall inure to and shall bind each of the parties heret and each of their respective heirs, executors, administrators, successors, and assign 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abo\ 24. CONFLICT OF INTEREST The consultant shall file a conflict of interest statement with the City Clerk accordance with the requirements of the City of Carlsbad conflict of interest code. 1 disclosure categories shall be categories A-F. 25. INSURANCE The Consultant shall obtain and maintain policies of general liability insuran automobile liability insurance, and a combined policy of worker's compensation i employers liability insurance from an insurance company authorized to do business in 10 Rev. 6/1C 0 0 State of California which meets the requirements of City Council Resolution No. 91-4 in an insurable amount of not less than one million dollars ($1,000,000) each, unless lower amount is approved by the City Attorney or the City Manager. This insurance sh be in force during the life of this agreement and shall not be canceled without thirty (E days prior written notice to the City sent by first class mail. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 11 Rev. 6/10, l)r ql As to the general and automobile liability insurance policies, City shall be named a an additional insured on these policies. The Consultant shall furnish certificates c insurance to the City before commencement of work. Executed by Consultant this 2 '* day of oc5?l475QQ ,199 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California BOY LE EN G I NE E R I N G CORPORATION I' i /,I \ ' 7 2 k By: \ AL\,~'f..'l-i~"'i/.~~,*~~!*, IC:, Though statute does not reqc fill in the data below, doin invaluable to persons relying I [7 INDIVIDUAL &3dL=y &dfi d7%w v A &A/,=-, p C/ORPORA-TOFZ' Gcr CdAL /&T NA&, TITLE OF OFFICER -E G , ~ANE DOE, NOTARY PUBLIC" personally appeared& ), .#FH&~+J.AMH LT//s4 23- SS&2 M4da ' y&5K&-7--s;~3 NAME(S) OF SIGNER(S) JJ personally known to me - OR - [7 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and ac- knowledged to me that-keXskelthey executed the same in t+i&&&their authorized signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. ATToRNEY-'N-FA' TRUSTEEP) GUARDIANICONS capacity(ies), and that byakisftrerftheir 5 OTHER. SIGNER IS REPRE NAME OF PERSON(S) OR EI. NUMBER OF PAGES 01992 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 71 84 c 12 Rev. 6 0 0 If* As to the general and automobile liability insurance policies, City shall be named as an additional insured on these policies. The Consultant shall furnish certificates of insurance to the City before commencement of work. Executed by Consultant this ' Lx day of OCTD fi* , 1992. CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California BOYLE ENGINEERING CORPORATION f\ i- y By: \ ,J/ k \, G-'C i x-:;-= /,I \ 1 /[; i .& e'\(* I;: (sign here) af3V/b L. &ABbAd - /Glc-6(0@/9 L- via- pB faT&EST: fl I 1 i q/:f44--+- J A.G/& I (print name here) SOW 2.35afld (title and organization of signatory) bn -- \ ALETHA L. RAUTENKRANZ IJ-J ~{-'12 /4-SS/S TW7- z E2&7@ j-- Pa& a (\A k ,?iJz Lo-- t I City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign fc corporations. If only one officer signs, the corporation must attach a resolution certifie by the secretary or assistant secretary under corporate seal empowering that officer t bind the corporation.) APPROVED AS TO FORM: I i I i I I I I L RONALD R. BALL Acting City Attorney BY LlG.&zEU Deputy City Attorney r2*2'3*4)2 ' 12 Rev. 6/10 < QTANUAHU rruuhLr M I c 3cIJ .-. -- 0 Boyle Engineering Corporatie EXHIBIT 1 * Effectlve March 2,1992 PAGE 1 0 Enghm-s, Pkrnnm, Archftecls, Fand~upe ArchHectr, Geolaglsts, Sclentlrt8: Principal $125,OO per hour Senior iI $1 10.08 per hour Senlor 1 $ 9500 per hour Associate f 80.00 per hour Asslslant II S 70.W per hour Assistant I $ 65.00perhour Senkx If Land Surveyor Senior I land Surveyor S 80.00 per hour $ g0.m p$f hour Conatnrahl Admlnlstratlon Personnel: Senlor RssMent Englneer S 90.00 per hour Senlor Resldent Project Representative $ 70.00 per hour ResMent Project Representatbe $ 60.00perhaur Tectrrrimi support staff: Designer Supervisor $ 85.60 per hour Senior Technician/$eniar Designer $ 85.Wperhour Engineering Twhnlclan/Deslgner $ 57,06 per hour Ssnkx Drafter $ 49.00 per haur Drafter $ 40,OO per bur Technical Typlst/Word Processor $ 4.00 per hour Ptqrsmmer/Analyst $ 52.00 per hour Pwra!Bgat/Edltor S s0.01) per hour Adrnlnlstmth~ Specialist S 45.00 per hour Slaff Acxountarrt $ 41.00 per hour Dlrecf Project Expenses: PhOtOWpfes - CdOr S.50/ per page Photocopis8 Black & White/Fax s O.M/I,BO per page Long OIstance Telephone $0.75 pet mlnute Plan Sheet Prlnllng - hhouse Bond/Mylar $ 0.40/2.80 per square foot Tmvd AutomobdeflWCk * Out Of Tom $ 0.50 per mile hvd - &her Than Automabfle ActuatCost t 16% Subcontracted Sefvices/Reproduction ActualCost c 15% See Separate Schedule Computer Sewices and Computer AMed Design If authorired by th% dent, an overtlrne premium rnultlpfier of 1.5 wlil be applled to the billing rate personnd wf-~~ work overlime In Order to meet a deadline which annot be met dudng nOm AppllaMe sales taxes, tf any, will ba added 10 these rates. Corporate officers and Mamdng Prh” Consulting Engfneen will be billed at 1.2 times the stated rate for Principa!. Invoices will be mdem Paymsnt Is due up~n preserrtatlon. A late (Myment fbI?C8 charge of 1.5% per month (bvt not ex0 maximum rate allowable by law) wilt be applied to any unpaM balance comrnenclng 30 days after 4 the original lnvalce. Rates sublect ra general revislon I, > c EXHIB PAGE STANDARD RATE GCHEO ek COMPUTER SERVICES Effecttve March 2,1992 @ 9 E3Oyte Engineering Corporatlon Hewlett Packrrd HP 3000/925 Super Minicomputer System Teminal, Prinrer or Ploner Resource Charge - SURGE atWysis Pdmo 41150 Supw MInlcmputer and CAD0 System $25.00 per hour $ 8.66 per mln. draphlcs Workstation (indudes Medusa Graphics Software) Terminal (CRT or Printer) Pen Ploner (HP 7585 E), HP PeslgnJet Resource Charge - CEO$ CIvU Engr Design System Software (Includes computer tlme !o drtve the pioner) $25.00 per hour $2x),oO per hour $20,00 (nr haw $16.60 per hour $lsO.oO per hour El.emo~tic PIattaK - HP 7MO Mlcrrxomputwo (P~oM~ Computers) Word Pmc~ting Syctom with Lmor Pdntot Englnwring Computer System (AST 286,386,488) Sun HlghSped Englneertng Graphlcs Computer trs bb per hour s1a.m per hour $20.60 pr hwr Ressourss Charger lor Microcomputers Resource charges are in addttlon to the above rates and cover the use of special purpoza wftware and [ equipment such 88 pen @otters, Mgh rasdutlofi monkan, and dlgftherrr which are used wlth CADD tm& FRicroStation (Intergraph) CADD $ 8,75 per hour AES HYDRO Hydrotoglc Analysis $142.50 pr Medusa - CAPO $ 6,OO per hour BoyleNet - Water Ofstrib AnalyuJ8 $ 6.00 p DAPPER - Electrical Design $100.00 per hour EXKYPIPE - Water DIstrib Analyalr $10.00 pi CAPTOR - Overcurrent Analysis $144.00 per hour Boyi&OQb - Coordfnate Geometv $ 4.00 pc Carder HVAC System Oeslgn $46.50 per hour BOYEPLAN - ProJeot Management $10.00 pe PRMAVERA Profect Management $25.50 per hour SWAN Sanltary Sewer Adysts $10.00 pe BFMS - Facltkles Management $1 1.60 per hour CONTOURS - Cdntour Plotting 810.00 pll LEGAL HOlfbAY - bgal Qescrip. $15.00 per hour HASS - Spdnkler A~lysls Q142,FJO pd AutoCAP Computer AMd Design $ 8.75 per hour STAAD 111 - Stnrcrurat Owlgn $3ompc Tmne TRACE - HVAC Deslgn WSO per hour BDTM - PigW temln Model b; 6.oapr GWFM - Groundwater Modding 515,OO per hour LARSA - Structural Analysis SlW2Q ps TERRAMODEL CMI OeSlgn $16.00 per hour ICPR - Drainage Design 60.00 ps TERRAMOOEL COGO $4.00 per hour CEDS - Ctvll Oeslgn System s1s.m ps Mhet Motes Charges for outsM0 computer servlces will be bllled at involce cog plus twentyfhe pefCmt6 This rate schedule is subject to genemi revlsian annually, New oquipmem categorlea and r48OUrO8 *q may be added at any time,