HomeMy WebLinkAbout1993-09-07; City Council; 12379; APPROVAL OF CONSULTANT AGREEMENT FOR DESIGN OF THE AVENIDA ENCINAS EXTENSION PROJECT NO. 3416?.
AGREEMENT FOR DESIGN OF THE
Adopt Resolution No. 9 3 - A%? approving a consultant agreement with Frz Engineering, Inc., for the design of the Avenida Encinas Extension, Project No. 341 6.
ITEM EXPLANATION:
The North County Transit District (NCTD) is finalizing plans to construct a transit statio the northwest corner of Poinsettia Lane and Avenida Encinas. As a condition of the
development plan, NCTD is required to construct half street improvements on the mis5 roadway link between the north and south segments of Avenida Encinas. Since
project involves other property owners, NCTD requested that the City be the lead age in the design and construction of Avenida Encinas. NCTD will sign an agreemen reimburse the City for the design and construction costs of their share of half st improvements, which are estimated at $1 78,000.
City staff prepared a detailed scope of work and solicited design proposals from a nur of qualified engineering firms. The City received nine (9) formal proposals for the de of the project. After review and evaluation of the nine (9) detailed project de submittals, the firm of Fraser Engineering, Inc., of Oceanside was identified as the most qualified to design the project and is, therefore, recommended to the City Counc approval of the design fee in the amount of $55,254.
The consultant will be responsible for the design of full street improvement from w Avenida Encinas terminates south of Palomar Airport Road to the north terminus of exi! Avenida Encinas, just north of Poinsettia Lane. However, construction will be limited tc
street improvements, which will connect the north and the south road segments. A PO of Avenida Encinas fronting the Encina Waste Water Treatment Plant will be widened tc width. The Encina Waste Water Treatment Plant has previously deposited funds witt City to cover the costs of the design and construction of the portion of the road fro the treatment plant.
Preliminary and final design will require approximately five (5) months to complete an include a cost estimate of the construction improvements. This project will require t California Coastal Commission permit be obtained.
The environmental study is currently being prepared and will cover biological and cu resources.
Construction is anticipated to begin in late Summer 1994.
FISCAL IMPACT
Funds in the amount of $622,000 have been received from the Encina Waste \ Treatment Plant to complete the improvements in front of their property and are ava in Project Account No. 305-820-9604-341 6.
An agreement will be signed next month, which will require NCTD to deposit $1 78,001
the City of Carlsbad for their share of the design and construction of the half improvements. All of the remaining funds will be returned to the contributing parties the construction is completed.
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Page 2 of Agenda Bill No. 12: 3 7 9
EXHIBITS:
4. Location map.
2. Resolution No. 93- .i%?approving a consultant agreement with Fraser Engineer
Inc., for the design of the Avenida Encinas Extension, Project No. 3416.
3. Consultant agreement with Fraser Engineering, Inc.
LEGEND: - PROPOSED IMPROVEMEP
FUTURE IMPROVEMENTS
-1 EXISTING IMPROVEMENT
PACIFIC
NOT TO SCALE
AVENIDA .ENClNAS EXTENSION
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RESOLUTION NO. 93-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH FRASER
ENGINEERING, INC., TO PREPARE DESIGN FOR THE AVENIDA
ENCINAS EXTENSION, PROJECT NO. 341 6.
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it nec
desirable, and in the public interest to extend Avenida Encinas; and,
WHEREAS, the City Council of the City of Carlsbad, finds it necessary, desirable,
the public interest to direct preparation of plans, specifications, and cost estimates
extension of Avenida Encinas; and,
WHEREAS, a consultant agreement with Fraser Engineering, Inc., has been prepar
submitted hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1. That the above recitations are true and correct.
2. That a consultant agreement between the Ci of Carlsbad and Fraser Engin
Inc., is hereby approved and the Mayor and City Clerk are authorized and directed to e
said agreement. The City Clerk is further authorized and directed to forward copies of the
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agreement to Fraser Engineering, Inc., 21 91 El Camino Real, Oceanside, California, 92C
well as the Engineering Department for processing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
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
AITEST:
ALETHA L. RAUTENKFNNmen (SEAL)
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AGREEMENT FOR THE DESIGN SERVICES
OF AVENlDA ENCINAS EXTENSION
--\LC THIS AGREEMENT, made and entered into as of the \b day of LLLL -5-t --+
, la$ by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "City", and FRASER ENGINEERING, INC., hereinafter referred
to as "Consultant".
R E C ITA LS
City requires the services of Fraser Engineering, Inc., to provide the design
services for preparation of plans, specifications, and cost estimate for Avenida Encinas
extension, from Palomar Airport Road to the existing portion of Avenida Encinas, north
of Poinsettia Lane; 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
A. Preliminarv Plannins and Desian
1) Supply forty (40) scale aerial topographic mapping of entire project
site including potential on-site and off-site access, drainage, and utilities.
Identify and locate on-site, vertically and horizontally, all existing
utilities and underground facilities which will effect grading and
construction of the road.
3) Prepare preliminary design on a screened top0 background. Red line drawings on a print are sufficient for the preliminary design. Perform potholing or other on-site investigation to verify exact
locations of underground or other utilities.
2)
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4) Schedule and attend meetings as needed to review scope and
progress with City staff.
Perform necessary surveying and provide the City with horizontal
and vertical controls.
Provide a detailed, preliminary cost estimate.
Provide title reports (maximum 4 parcels).
commuter station at Poinsettia Avenue.
5)
6)
7)
8) Coordinate with North County Transit District's site design for
B. Final Desiqn
1) Prepare plans in ink on mylar on screened top0 map using 1" = 40'
scale. The plans shall include, but not be limited to:
Grading and Drainage
b Hydroseeding
Electrical and Lighting
Striping and Signing
b Appropriate details for all of the above
2) Prepare detailed quantity calculations for excavation and
embankments. The earthwork quantities shall include shrinkage or
bulking factors where appropriate.
required drainage study for project area.
3) Prepare hydrology/hydraulic report and calculations. Provide
4) Prepare site/grading plans.
5)
6)
Prepare detailed estimate for various bid items.
Prepare complete construction contract documents including special
provisions. Provide typed original and disk readable by
Wordperfect, IBM compatible.
Provide a detailed design timeline schedule.
Prepare striping and signing plans.
Incorporate the City obtained EIA requirements into the plans and
specifications.
Prepare plats and legal descriptions for required easements.
7)
8)
9)
10)
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1 1) Provide geotechnical report including subsurface exploration and
R-values.
2. CITY OBLIGATIONS
A. The City will provide a sufficient number of blank mylar plan and plan/profile standard drawing sheets with title block.
One (1) copy of latest City's "boilerplate" standard provisions for the contract documents.
The City' will also provide copies of the existing 100-scale topographic mapping and conceptual plans for the road alignment. As stated above,
consultant shall provide 40-scale aerial top0 for final construction drawings and specifications.
City will undertake all environmental work for the project or provide said services under separate contract.
The City will provide copies of the conceptual road alignment for Avenida
All available existing street plans.
B.
C.
D.
E.
. Encinas extension.
F.
3. PROGRESS AND COMPLETION
The work under this contract will begin within three (3) days after receipt of
notification to proceed by the City and be completed within One Hundred Fifty (150)
calendar days of that date, and as shown on Exhibits "A" and "C". Extensions of time
may be granted if requested by the Consultant and agreed to in writing by the Project
Manager. The 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.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, "Payment of
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Fees," and shall be $55,255. 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 year, or parts thereof, based upon
satisfactory performance and the City's needs.
6. PAYMENT OF FEES
Payment of fees shall be based on Exhibit "B', attached hereto and made a part
of this agreement.
7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the final plans and specifications,
the Consultant shall deliver to the City the following items:
A.
B.
C. Hydraulics and hydrology reports.
D.
E.
Final plans on mylars, specifications, and cost estimate.
Plats and legal descriptions for all required easements.
Horizontal and vertical control and all field and aerial survey records.
All design disks, including CAD, Lotus, and Wordperfect.
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 condition:
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 outlininc
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0 0 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 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.
IO. 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
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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 Manager. The 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.
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 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’s Project Manager or principal receiving the letter shall reply to the
letter 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 the
problem. In such cases, the action of the City Council shall be binding upon the parties
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involved, although nothing in this procedure shall prohibit the parties 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) 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.
14. 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 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’
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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.
15. CONFORMITY 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.
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 require(
are the property of the City, whether the work for which they are made be executed o
not. In the event this contract is terminated, all documents, plans, specifications
drawings, reports, and studies shall be delivered forthwith to the City. Consultant sha
have the right to make one (1) copy of the plans for his/her records.
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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 negligen
acts, errors or omissions of Consultant or Consultant’s agents, employees, o
representatives. Consultant agrees to defend, indemnify, and save free and harmless thl
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 plap
and specifications, and any cost, expense or attorney’s fees which are incurred by th
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 dL
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under tt
contract by the Consultant, Consultant shall be fully responsible to the City for the a(
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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 tc
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, o
approving of this agreement, shall become directly or indirectly interested personally ir
this contract or in any part thereof. No officer or employee of the City who is authorize(
in such capacity and on behalf of the City to exercise any executive, supervisory, o
similar functions in connection with the performance of this contract shall become directl?
or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the Cit!
either before, during or after the execution of this contract, shall affect or modify any (
the terms or obligations herein contained nor entitle the Consultant to any addition
payment whatsoever under the terms of this contract.
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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. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written abovc
25. CONFLICT OF INTEREST
The consultant shall not file a conflict of interest statement with the city clerk
accordance with the requirements of the City of Carlsbad conflict of interest code.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insuranc
automobile liability insurance, and a combined policy of worker's compensation a
employers liability insurance from an insurance company authorized to do business in
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, unles
lower amount is approved by the City Attorney or the City Manager. This insurance 8
be in force during the life of this agreement and shall not be canceled without thirty
days prior written notice to the City sent by certified mail.
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The 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 \ v(- day of (/LC1 LC? -f- , 193 I
CONSULJAN J: CIW OF CARLSBAD, a municipal
FRASER ENGINEERING, INC.
(name of Consultant)
flSvrilcrc;kj P. BuecE
BY * OYk
sign here *+./&;&,,- ATTEST:
/. r7?AJL-2 - &'-.<c, d c?
(print name here)
(title and orghization of signatory)
<- /v iC& frnIOF1\17-
ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign fol
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 ti
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL cityv BY Deputy City Attorne ' ' .lei; 3%
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1. Notice to Proceed
8-18-93
2. Aerlal Mapping and
field suveys
3. Gas llne locatlon
prwlded 8-24-93
4. Prelim. hydrology
sfudles
6. UUllty ldentlflcatlon
and locatlon
6. Preparatlon of 30% design
7. City Plan Check
8. Prellrnlnary design
mt. with Clty Staff,
Environ. Consult, etc.
9. Preparatlon of 60%
design drawings
10. Prellrnlnary cost. est
11. Rellrnlnary tltle
report
12. Coordlnatfon wfth No. Co. Translt Dlst.
13. Prepare Specs
14. Clty Plan Check
16. UHlIty Co. plan check
16. Reparatlon of 100%
design drawings
17. Earthworkquantfty
calcuhtlons
18. Final Hydroiogy-
Hydraulic reports
19. Rnal Spectftcatlons
20. tieparatlon of plats
and legal desalptlons
21. City review 100%
22.Finai PSE Subrnlttal
1-16-94
Schedule Is based on notice
in that case the flnal PS&E
1994 1993
.
to proceed 8-1 8-93. Notlce to proceed may be delayed until Sept 1 :
subrnlttal will be 1 -29-94.