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HomeMy WebLinkAbout1993-09-07; City Council; 12377; APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECT NO. 3391tes u i3 2 oz a z P + 0 a -I z G 5 0 C’y: OF CARLSBAD - AGtwA BILL ,@ ig. LG I I -v I IAB # /a; 317 ITITLE: APPROVAL OF CONSULTANT I DEPT. MTG. 9/07/93 DEPT. FNG AGREEMENT FOR THE DESIGN RECOMMENDED ACTION: OF VARIOUS GITYWIDE SIDEWALK PROGRAM PROJECT NO. 3391 CITY A 1 CITY M I Adopt Resolution No. q-3- 345 approving a consultant agreement with C Consultants, Incorporated, for the design of various City sidewalk program projects I ITEM EXPLANATION: The implementation of the City Sidewalk Program is underway. The first project, whict built by Southwest Contractors, was prepared in-house. The majority of the rem: work will be done via design consultants. A Request for Qualification for desi sidewalk projects was sent out on December 8, 1992. Of the twelve (12) Reque Qualifications sent out, there were ten (10) responses and two (2) non-responses, following three (3) firms were chosen: O’Day Consultants, Safino Butcher & On Engineers, Inc., and BSI, Engineers, Inc. O’Day Consultants was chosen to do the first few projects. Currently, they are worki their first design and are about 70% complete. Staff recommends the City Council approve the attached consultant agreement with 1 Consultants for the design of an additional sidewalk project as described in th.e att consultant agreement, Exhibit 3. 1 ENVIRONMENTAL: A General Plan Consistency Determination was made on November 4, 1992, for the Sidewalk Program of February 1991, and a Negative Declaration was issul April 1, 1993 for this specific project. FISCAL IMPACT: The fee for the attached contract with O’Day Consultants, Inc., is $45,000. The ( balance in Account No. 31 0-820-1 840-3391 is $1 52,543, which will provide sufficient EXHIBITS: 1. Location map. 2. Resolution No. 9 3-245 approving a consultant agreement with O’Day Cons1 Incorporated, for the design of various City sidewalk program projects. 3. Consultant agreement for O’Day Engineering, Inc. NOT TO 1 & .( CITY OF OCEANSIDE k PROJECT NAME E PROJECT SIDEWALK PROGRAM NUMBER 3391 DRAW BY: SCOTT EVANS. CARLSBAD ENGlNEERlNG DEPT. 0 0 1 RESOLUTION NO. 93 -245 2 3‘ 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CRY OF CARLSBAD, CALIFORNIA, APPROVING THE SELECTION OF O’DAY ENGINEERS, INC., SAFINO, BUTCHER & ORMONDI ENGINEERS, INC., AND BSI ENGINEERS, INC., TO DESIGN SEVERAL PROJECTS FOR THE CITY SIDEWALK PROGRAM AND TO APPROVE A CONSULTING AGREEMENT WITH O’DAY ENGINEERS, INC., TO DESIGN PROJECT NO. 3391-3 CONSISTING OF SEVERAL SIDEWALK SEGMENTS WITHIN THE CITY SIDEWALK PROGRAM 7 8 9 10 11 12 WHEREAS, following receipt and evaluation of said proposals, it has been recor 13 that the firms of O’Day Engineers, Inc., Safino Butcher & Ormondi Engineers, Inc., 14 Engineers, Inc., be selected to design a number of projects over a maximum of five 15 evaluated on a yearly basis, as deemed necessary by the City Engineer, revie\ 16 performance and needs of the City; and 17 WHEREAS, O’Day Engineers, Inc., was selected to design Project No. 3391-3 j8 in Attachment 1 for a fee of $45,000 and that sufficient funds are currently in Project Ac ’ 9 31 0-820-1 840-3391. WHEREAS, the City Council of theCity of Carlsbad has previously appropriated the design and construction of the City Sidewalk Program; and WHEREAS, proposals have been solicited for the design of the projects from engineering firms; and 2o I/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 22 23 24 25 26 California, as follows: 1. That the above recitations are true and correct. 2. mat the selection of O’Day Engineers, Inc., Safino, Butcher & Ormondi Inc., and BSI Engineers, Inc., to design ‘a number of projects over a maximum of fiv~ evaluated on a yearly basis as deemed necessary by the City Engineer revic ~ 27 28 111 performance and the needs of the City, is hereby approved. 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 0 0 3. That a consultant agreement with O’Day Engineers, Inc., for the design 01 Number 3391 -3 as described in the attached contract is hereby approved and the Mayor Clerk are hereby authorized and directed to execute said agreement. 4.Following Mayor’s signature of the agreement, the City Clerk is further authori directed to forward copies of said agreement to O’Day Engineers, Inc., and the Ens Department design division for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad CiQ held on the 7th day of SEPTEMBER , 1993 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Member Stanton ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ’ (SEAL) I I 0 e AGREEMENT FOR ACQUIRING PROFESSIONAL ENGINEERING SERVICES FOR SIDEWALK PROGRAM DESIGN PROJECT NO. 3391-3 THIS AGREEMENT, made and entered into as of the 8th day 01 SEPTEMBER , 19s, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as "City", and O'DAY CONSULTANTS, INC., hereinaftel referred to as "Consultant". RECITALS City requires the services of a professional engineering consultant to provide th necessary engineering services for preparation of plans, specifications, and cost estimatc and Consultant possesses the necessary skills and qualificaticns to provide the service required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenani contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATfONS Provide plans, specifications and cost estimate meeting City Standards a1 Policies and in accordance with Attachment 1, herein, * for the following: Rev. 6/10 0 0 11 Magnolia Avenuo I Plo Pic0 Dr. to Adam St IWI 528.0' I N I~ I) - I I ~~ ~ ~ ~~ ~ 11 4.0' E& of Adam St to 1E8.0' East Nw S 275.0' Nw Adam St to 275.0' Em N 1056.0' ~ ~~~ ~ ~~ I Highland Dr. to 243.0' Wed N 31 5.0' Nw 90.0' West of Seaview Way to Donna Dr. Chestnut Avenue S 243.0' Nw II 4 ~ ~ ~~~~ ~ ~ ~ ~~ 1.. Westhaven Dr. to 485.0' East S 1058.0' Nw Cameo Rd. to El Camino Real S ~ 485.0' Nw It I II ~~ ~ ~~ ~~~ ~ ~ ~ I I I 11 Valley street I Magnolla Avs. ta 610.0' sbuth ! Nw ! 610.0' I E I I I1 Ba~~ood Avo. to 335.0' North I Nw I 335.0 E I I Oak Avo. to 208.0' North W 1056.0' MN Bouwood Avo. lo Oak Avo. W 1 108.0' w Magnolia Avo. to 1108.0' South E 208.0' Nw L - 8. SCOPE OF WORK The Consultant shall provide services in the following categories: 1) Meetinqs Meet and coordinate with all City departments as necessal Meet and coordinate with all utility and pipeline cornpanic public and private as necessary. 2) Design Schedule 0 Provide the plans, specifications and cost estimate accordance with Attachment 1. 3) Data Collection 0 Research existing data in City files as needed. 2 Rev. 6/1( e e 4) Field Survevs 0 Provide control surveys. 0 Field verify topo map(s). 0 Provide supplemental ground surveys as necessary. 5) Geotechnical Services 0 Request testing service from and coordinate with City’! project manager; said work to be provided through City’! materials testing consuttant. 6) Final Desian 0 Provide improvement plans per Table 3, Attachment 1. 0 Provide .grading/slope stabilization plans per Table z Attachment 1. e Provide drainage facilities plan in accordance with drainag facilities assessment needs. Identify existing landscape and irrigation impacts and notal plans accordingly. 0 Provide specifications per Table 3, Attachment 1. Provide quantities ’ and cast estimates per Table Attachment 1. 0 Provide revisions of plans during bidding and/or construdio 0 Provide consultation to City during bidding and construdic period. 7) Riaht-of-Wav Enaineerina, - Documents & Awraisal Not in contract. 3 Rev. 6/10, 0 2. CITY OBLIGATIONS The City shall provide the following at no cost to the Consultant: 0 Copies of all existing City reference data as researched and requested bl Consultant. Review of the plans, specifications and estimate for the purpose c determining the general conformity to City Standards and Project Scope A soils report to include classification R-value moisture density, grain siz distribution, direct shear and consolidation. 0 All right-of-way tasks after Consultant has provided City with a red-lir drawing showing all property lines and impacts at about the 10% PI; development stage. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt notification to proceed by the City and be completed in accordance with Attachmenl herein. Extensions of time may .be granted if requested by the Consultant and agrc to in writing by the Project Manager. The. Project Manager will give allowance documented and substantiated unforeseeable and unavoidable delays not caused t lack of foresight on the part of the Consultant, or delays caused by City inaction or o Agencies’ lack of timely action. 4 Rev. 6/1 0 0 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment c Fees," and shall be $45,000 in accordance with Attachment 1.. No other compensatiol for services will be allowed except those items covered by supplemental agreements pe Paragraph 8, "Changes in Work." 5. DURATION OF CONTRACT The contract may run for five (5) one (1) year periods or parts thereof, dated fror April 29,1993, based upon performance and the City's needs as determined by the Cil Engineer, for design work within the City's Sidewalk Program, 6. PAYMENT OF FEES Payment will be made in accordance with Attachment 1. Interim payments mz be authorized at the sole discretion of the City. 7. ' FINAL SUBMISSIONS -Within five (5) days of completion and approval of the plans, specifications and co estimate, via the Clty Engineer's signature of the plans, the Consultant shall deliver to tt City the following items: 0 All kerns as described in Table 2 of Attachment 1, herein. Two (2) copies of all other calculations generated by the Consultant in ti completion and execution of the provisions of this contract. 5 Rev. 6/10/ 0 0 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 Crty 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 Consukant to inform them oftk proposed changes along with a statement of estimated changes in charges or timc schedule. A supplemental agreement shall be prepared by the City and approved by thc 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 portior of the agreement.' 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any compal or person, other a bona fide employee working for the consultant, to solicit or secure tt agreement, and that Consultant has not paid or agreed to pay any company Or pel's[ other than a bona fide employee, any fee, commission, percentage, brokerage fee, s or any other consideration contingent upon, or resulting from, the award or making oft agreement. For breach or violation of this warranty, the Ci shall have the right to an1 this agreement without liability, or, in its discretion, to deduct from the agreement pr or consideration, or otherwise recover, the full amount of such fee, commissi percentage, brokerage fees, gift, or contingent fee. 6 Rev, 61lr e 0 10. NONDISCRIMINATION 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 City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to Ci of the percentage 01 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. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreemenl the following procedure shall be used to resolve any question of fact or interpretation nc 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 Engineer. A copy of such documented dispute shall be forwarded to both partic involved along with recommended methods of resolution which would -be of benefit both parties. The City Engineer or principal receiving the letter shall reply to the letl 7 Rev. 6/10/ e e along with a recommended method of resolution within ten (IO) 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 thc problem. In such cases, the action of the City Council shall be binding upon the partie: involved, ‘although nothing in this procedure shall prohibit the parties seeking remedie available to them at law. 13. SUSPENSION OR TERMfNATlON OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) da) ,written notice to the other party. In the event of such suspension or termination, upc request of the City, the Consultant stiall assemble the work product and put same order for proper filing and closing and deliver said product to Cityl In the event termination, the consultant shall be paid for work performed to the termination dai however, the total shall not exceed the lump sum fee payable under paragraph 4. T City shall make the final determination .as to the portions of tasks completed and 1 compensation io be made. 14. STATUS OF THE CONSULTANT The Consultant shall pe.iform the services provided for herein in Consultant’s c way as an independent contractor and in pursuit of Consultant’s independent calling, i not as an employee of the City. Consultant shall be under control of the City only as 8 Rev. 6/11 0 0 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 ConsuJtant 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 behatf of the Consultant. The Consultant agrees to indemnio the City for any tax, retirement contribution, social security, overtime payment, or workers compensation payment which the City may be required to make on behatf of tht Consultant or any employee of the Consultant for work done under this agreement. The Consuitant shall be aware of the requirements of the Immigration Reform an1 Control Act of 1986 and shall comply with those requirements, including, but not limitem to, verifying the eligibility for employment of all agents, employees, subcontractors an consultants that are included in this agreement. ' 15. CONFORMIN TO LEGAL REQUIREMENTS 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. 9 Rev. 6/1( 0 0. 16. OWNERSHIP OF DOCUMENTS All plans. studies. sketches. drawings, reports, and specifications as herein requirec are the property of the City, whether the work for which they are made be executed 01 not. In the event this contract is terminated, all documents, plans, specifications drawings, reports, and studies shall be delivered forthwith to the City. Consuitant shd have the right to make one (1) copy of the plans for hidher records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the WOI pursuant to this contract shall'be vested in. City and hereby agrees to relinquish all claim to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie penalties, fines, or any damage to goods, properties, or effects of any person whatevt nor for personal injuries or death caused by, or resulting from, any intentional or neglige acts, errors or omissions of Consultant or Consultant's agents, employees, representatives. Consuitant agrees to defend, indemnify, and save free and harmless 1 City and its officers and employees against any of the foregoing claims, liabiliti penalties or fines, including liabilities or claims by reason of alleged defects in any pk and specifications, and any cost, expense or attorney's fees which are incurred by City on account of any of the foregoing. 10 Rev. 6lK 0 0 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. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under thi$ contract by the Consultant, Consultant shall be fully responsible to the City for the act: and omissions of Consultant’s subcontractor and of the persons either directly o indirectly employed by the subcontractor, as Consultant is for the acts and omissions o persons directly employed by consultant. Nothing contained in this contract shall creatc any contractual relationship between any subcontractor of Consultant and the City. Thl Consultant shall bind every subcontractor and every subcontractor of a subcontractor b the terms of this contract applicable to Consultant’s work unless specifically noted to tP contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST NO official of the Ci who is authorized in such capacity on behatf of the City negotiate, make, accept, or approve, or take part in negotiating, making, accepting, 1 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, supewisory, similar functions in connection with the performance of this contract shall become direc or indirectly interested personally in this contract or any part thereof. 11 Rev. 6/10, 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 o the terms or obligations herein contained nor entitle the Consultant to any addition; payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all term! conditions, and provisions hereof shall insure to and shall bind each of the parties heretl and each of their respective heirs, executors, administrators, successors, and assign: ., 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abov 25. CONFLICT OF INTEREST In accordance with the requirements of the Ci of Carlsbad conflict of inter1 code, the Consultant is not required to file a conflict of interest statement with the C Clerk. 26. 'INSURANCE The Consultant shall obtain and maintain policies of general ,liability insurar automobile liability insurance, and a combined policy of worker's compensation i employers liability insurance from an insurance company authorized to do business in 12 Rev. 6/1( e w State of California which meets the requirements of City Council Resolution No. 91-40: in an insurable amount of not less than one million dollars ($1 ,OOO,OOO) each, unless i lower amount is approved by the City Attorney or the City Manager. This insurance sha be in force during the life of this agreement and shall not be canceled without thirty (3C days prior written notice to the City sent by certified mail. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .' .... .... 13 Rev. 6/1C m W The Crty 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 25 day of AUGUST ,1993. CONSULTANT: ’ Clpl OF CARLSBAD, a municipal O’Oav Consultants, Inc. (name of Consuttant) By: pdy8/L+> (sign here) u Patrick N. O’Dav. P.E. (print name here) ATTEST: President (title and organization of signatory) By: /y 5;/t,m . ad* / RG’”, (sign here) ‘1 ALETHA L. RAUTENKRANZ City Clerk Patrick N. O’Dav. P.E. (print name here) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant. secretary must sign fo corporations. If only one officer signs, the corporation must attach a resolution Certifiec by the secretary or assistant secretary under corporate seal empowering that officer tc bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL . ww BY Deputy City Attorney qlfj. 14 , Rev. 6/1 Ol! 9 "_ """""" ~ . W Table 1 through Table 3 define the rty Plancheck Milestones, the timing and requirements of each submi 'the fee allocation per submittal milestone. .. ............. ............. ,. .. ..... ....... :'. ........... ... ::'.::.?.:.. -i-."-TAEU'f. TlMlNQ OF SUBMlSStON.. . : MILESTONES 100% 90% 7096 30% 40'ukndu daym after 14 ukndw thy return of 90% pia return of 7096 plancheck. return of 30% plancheck. written Notice to Proceed. Elapsed Time ~ 22 calmdu days after 30 mar ays after ......... ....... ... ,..: :. TABLEZ. REM~~~EMEHTS'OFSUBMISS~N~:;.. ...... :. .... .. ,. MILESTONES I 30% k I 70% 1 90% I 100% ................... PW NOTE , AigM-d-W~y 'redlines" prodded at about 109c stago. ~ - Redliner on photo, top0 baao rheot showing all right-of-way imp.&. Improvement plaru base sheets, rhowing conceptual grading, drainage, landscape L irrigation modification j needr, utility ~ relocation, and street structural dons. 1 8 Copies - with cw&d Full and corn lete plane plancheck ret 1. 8Copier . ~ I ~ I - ~ Full bitresdy plana with corroctmnr .nd phchock ad 2. 8 Coplee - ~~ ~ Photo or Ink ' ready for C@ rlgnaturo. 8 Copiea ~~ ~~ - .~m,,.x!pM# NOTE I) Grew Book fornut used lhroughout document tor uch rnllerlone. 2) Use WordPorfect 5.1 format throughout. -t Index and outline of ail categorier for scmcid Provisionr. 8 Copies. 'I First rough draft of ontiro aot of Spectal Provmonr. 8 Copia Final draft of ontlro wt d oecial Provlelonr. sM.U1009c, oxcoptlng WordPdoct 5.1 dirk. 8Copk. I t 7 :"- WordPedecl Spid Pro! Standard SF for Publk W Constructlor Standard Rc Drawing. ar 8 Copieo Company D 11 .......... m8T:Etswm :.....: .... :,...: ..................... : .......... I soping estirn~to *.H% D~WM ortlmat. *IO% I I format *lo% I sction. Flnd drdt In bid sol sun." w96. NOTE 8 Copier 8 Copier 800pier Lotuo123d US0 LOtU8 1n 8 Copiea formal. I\ MILES1 11 Tasks I Plans 4O-Scale Prepare 11 ger I Prep. Cost Estimate0 E Meetin e Field SUNeYS TOTAL FEE" ? -f - so0 30%' 10% $1 50 30% $1 50 30% $1 50 $1 4,000 85% 0% 4- 0% $2,100 1 5% $1 1,900 s4!5,ooo- : MAXIMUM PAYMENTS PER MILESTONE * Percentage of Fee Allocclted LEGEND $21 ,OOo I $1 4,650 I s6,= I 5 ** Upon. City Engineer'r Signature d Plan8.