HomeMy WebLinkAbout1995-06-13; City Council; 13170; Cannon Road WestAB $ I?, /‘;,c
MTG. 6-13-95
DEPT. ENG
Cl7 OF CARLSBAD - AGEfP4 BILL
TITLE:
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AGREEMENT WITH
NBS/LOWRY FOR PREPARATION OF AN
ENGINEERS REPORT FOR
CANNON ROAD WFST
RECOMMENDED ACTION:
Adopt Resolution No. q s0 / 163 approving the agreement with NBS/Lowry, Inc., for
preparation of an Engineer’s Report and authorizing the appropriation of $35,000 in funds
for the purpose of initiating proceedings to establish Bridge and Thoroughfare Distrii No. 2
to fund the Cannon Road West improvements.
ITEM EXPLANATION:
The Local Facility Management Plan (LFMP) for Zones 8,13, and 24 require that a funding
mechanism be established to guarantee construction of Cannon Road from Car Country
Drive to El Camino Real (known as Cannon Road West) priir to issuance of any further
development permits within these zones. Council recently approved a prepayment
agreement with the developer of the Evan’s Point subdivision in Zone 24 with the
understanding that staff would diligently p&-sue establishment of the necessary program
to fund the Cannon Road West improvements.
Staff is requesting Council approval for the attached agreement with NBS/Lowry, Inc., to
assist with the preparation of an Engineering Report and other documents necessary to
form a new Bridge and Thoroughfare District. The total cost for the NBS/Lowry, Inc.,
services is estimated to be $20,000. The new district, to be known as Bridge and
Thoroughfare District No. 2, will complete the funding needs for the Cannon Road West
improvements in satisfaction of the LFMP requirements for Zones 8, 13 and 24.
Staff anticipates returning with the necessary documentation to form the proposed Bridge
and Thoroughfare District within the next six months.
FISCAL IMPACT:
Staff is requesting appropriation of $35,000 from the existing Cannon Road Bridge and
Thoroughfare District Fund. A total of $97,000 is currently available within this fund
account from money generated through the prepayment of future Bridge and Thoroughfare
fees by the Evan’s Point developer. Of the $35,000 appropriation, $20,000 will be used to
fund the preparation of the Engineering Report by NBS/Lowry, Inc. Approximately $8,000
is needed to pay for required legal services to establish the fee program and the remaining
$7,000 will be used t o pay for project contingencies and administrative staff time.
EXHIBITS:
1. Agreement for Report Preparation for the Establishment of a Bridge and Thoroughfare
District to Fund Cannon Road West.
2. Resolution No. 8 .s’--/ 7 3 approving the Agreement with NBS/Lowry, Inc., for
Preparation of an Engineer’s Report and Authorizing the Finance Director to
Appropriate Funds from the Cannon Road Bridge and Thoroughfare District Fund.
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RESOLUTION NO. 95 - 14 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING THE AGREEMENT WlTH NBS/LOWRY, INC.,
FOR PREPARATION OF AN ENGINEER’S REPORT AND AUTHORIZING
THE FINANCE DIRECTOR TO APPROPRIATE FUNDS FROM THE
CANNON ROAD BRIDGE AND THOROUGHFARE DISTRICT FUND.
WHEREAS, the City Council of the City of Carlsbad, California has considered the need
for professional consuttant services to prepare an Engineer’s Report for the establishment of a
Bridge and Thoroughfare District to fund Cannon Road West; and,
WHEREAS, the City Council has determined that NBS/Lowry, Inc., has the necessary
qualifications to prepare said Engineer’s Report; and,
WHEREAS, the Cii of Carfsbad has collected funds totaling $87,000 for the purpose of
constructing, installing, and/or financing Cannon Road from Car Country Drive to El Camino Real
(Cannon Road West) including costs for legal and other incidental expenses necessary to effect
construction of Cannon Road West; and,
WHEREAS, formation of a Bridge and Thoroughfare District is a necessary requirement
precedent to the construction of the Cannon Road West improvements.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the agreement between the City of Carlsbad and NBS/Lowry, Inc., for Report
Preparation for the Establishment of a Bridge and Thoroughfare District to Fund Cannon Road
West, a copy of which is attached as Exhibit 1 and made a part hereof, is hereby approved.
3. That the Mayor of the City of Carfsbad is hereby authonzed and directed to execute
said agreement for and on behalf of the Cii.
/II
Ill
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4. That the Finance Director is authorized to appropriate $35,OOOfrom the Cannon Road
West Bridge and Thoroughfare District Fund.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held’on the 13th day of JUNE , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
(SEW
AGREEMENT FOR
REPORT PREPARATION FOR THE ESTABLISHMENT OF A
BRIDGE AND THOROUGHFARE DISTRICT TO FUND
CANNON ROAD WEST
THIS AGREEMENT, made and entered into as of the 13 th day of JUNE ,
19 95 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and NBS/LOWRY INCORPORATED, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of an Assessment Engineering Contractor to provide the
necessary planning services for preparation of a report to use in the establishment of a
Bridge and Thoroughfare District to fund Cannon Road West; and Contractor 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 Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
A. Meetings with City staff to set the schedule and establish project goals to
complete this project.
B. Engineer’s report for proposed district which shall include the following:
1) Map of the exterior boundaries of the district.
2) Estimate of the cost of improvements.
3) Method of fee apportionment.
C. Meetings with property owners to discuss and review the progress in this
project.
rev.211 6/95
D. Assist the City in preparation of notices to property owners if necessitated
by legal requirements.
E. Finalize and mail notice of public meeting/hearing as required.
F. Attend all public meetings and hearings. Assist City staff in the
presentation of support documentation, visual aids and any other materials
required to illustrate the proposed fee district. Review verbal and written
public comments and summa&e findings as required.
G. File all required documentation and reports with the City and other required
agencies.
2. CITY OBLIGATIONS
The City shall:
A. Provide a copy of the applicable City of Carlsbad standards.
B. Receive all requests from property owners to be included in the fee district
and determine the action to be taken.
C. Set agenda and schedule for the project review committee.
D. Prepare all agenda bills for City Council.
E. Assist Contractor by placing at its disposal all available information
pertinent to the site of the project, including previous reports and any other
data relative to design and construction of the project.
F. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by Contractor and render
necessary decisions pertaining thereto within a reasonable time so as not
to delay the work of the Contractor.
G. Provide legal, bond counsel, financial advisor, accounting and insurance
counseling services as may be reasonably required for the project.
H. Designate, in writing, a person or persons to act as representative of the
City with respect to the work to be performed under this agreement; such
person shall transmit instructions, receive information, interpret and define
policies or decisions of the City with respect to materials, equipment
elements and systems pertinent to the work covered by this agreement.
rev.2/1 %/OS
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I. Give proper notice to the Contractor whenever the City observes or
otherwise becomes aware of any defect in the project.
J. Obtain, with Contractor’s assistance, approval of all governmental
authorities having jurisdiction over the project and such approvals and
consents from other individuals or bodies as may be necessary for
completion of the project.
3. PROGRESS AND COMPLETION
The work under this contract will begin immediately after receipt of notification to
proceed by the City and be completed according to a schedule mutually agreed upon
between City and Contractor. Extensions of time may be granted if requested by the
Contractor and agreed to in writing by the City Engineer. The City Engineer will give
allowance for documented and substantiated unforeseeable and unavoidable delays not
caused by a lack of foresight on the part of the Contractor, or delays caused by City
inaction or other agencies! lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The City shall pay Contractor for services described under Section 1 of this
Agreement on an hourly rate basis per the Contractor’s current “Schedule of Hourly
Billing Rates”. A copy of the present “Schedule of Hourly Billing Rates”, effective
July 1, 1994, is marked Exhibit “A” and is attached hereto. The estimated fee for these
services is $20,000.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year period
or parts thereof, based upon a review of satisfactory performance and the City’s needs.
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The parties shall prepare extensions in writing indicating effective date and length of the
extended contract.
6. PAYivlENT OF FEES
On the first working day of each month, Contractor shall submit his/her invoice for
work performed during the prior month. Payment of approved items on the invoice shall
be mailed to the Contractor prior to the last day of the month the invoice was submitted.
7. FINAL SUBMISSIONS
Within fourteen (14) days of completion and approval of the City, the Contractor
shall deliver to the City the following items:
8.
A. Engineer’s Report for proposed Bridge and Thoroughfare District.
CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor 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 Contractor 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 3.28.172. Such supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement.
rev.2/16/05
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Contractor, to solicit or
secure this agreement, and that Contractor 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.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’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 Contractor by certified mail of the termination of the contractor. The
Contractor, thereupon, has five (5) working days to deliver said documents owned by the
City and all work in progress to the City. The City Engineer shall make a determination
of fact based upon the documents delivered to City of the percentage of work which the
Contractor 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.
rev.2/16/05
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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 Contractor or the City
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 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 Cffice 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.
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 Contractor 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 Contractor shall be paid for work performed to the termination date;
rev.2/16/05
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 CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent contractor and in pursuit of Contractor’s independent calling, and
not as an employee of the City. Contractor 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 persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or his/her employees or subcontractors. The
Contractor agrees to indemnify the City for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers’ compensation payment
which the City may be required to make on behalf of the Contractor or any employee or
subcontractor of the Contractor for work done under this agreement.
The Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1988 and shall comply with those requirements, including, but not limited
rev.2/16/05
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 Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor 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.
Contractor shall have the right to make one (1) copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Contractor 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 elected and appointed 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
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rev.2/16/05
willful misconduct or negligent acts, errors or omissions of Contractor or Contractor’s
agents, employees, or representatives.
Furthermore, Contractor agrees to defend, indemnify, protect, and save free and
harmless the City and its elected and appointed officers and employees against any
claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities
or claims by reason of defects in any plans and specifications arising out of the negligent
acts, errors or omissions of the Contractor or any agent or employee, subcontractors,
or others in connection with the execution of the work covered by this agreement, except
only for those claims arising from the sole negligence or sole willful conduct of the City,
or its elected and appointed officers and employees.
Contractor’s indemnification shall include any and all costs, expenses, attorneys
fees and liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not.
Contractor shall at its own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents
Contractors indemnification of City shall not be limited by any prior
declaration by the Contractor.
or employees.
or subsequent
19. ASSIGNMENT OF CONTRACT
The Contractor 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 Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
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and omissions of Contractors subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Contractor and the City. The
Contractor shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Contractor’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.
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 Contractor to any additional
payment whatsoever under the terms of this contract.
rev.2/16/05
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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 inure 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 above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code. The disclosure
category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract insurance
claims against claims for injuries to persons or damage to property which may arise or
in connection with performance of the work hereunder by the Contractor, his agents,
representatives, employers or subcontractors. Said insurance shall be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y’
and shall meet the City’s policy for insurance as stated in Resolution No. 91403.
A. Coveraaes and Limits
Contractor shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney
or City Manager:
rev.2/16/05
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1)
2)
3)
4)
Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and
property damage. If the submitted policies contain aggregate limits,
general aggregate limits shall apply separately to the work under
this contract or the general aggregate shall be twice the required per occurrence limit.
Automobile Liability (if the use of an automobile is involved for
Contractors work for the City). $1 ,OOO,OOO combined single-limit per
accident for bodily injury and property damage.
Worker’s Compensation and Employer’s Liability. Workers
Compensation limits as required by the Labor Code of the State of
California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
Professional Liability. Errors and omissions liability appropriate to
the Contractors profession. Coverage will be continued in force for
not less than twelve (12) months after completion of work or
termination of contract. $1 $00,000 per claim and in the aggregate.
B. Additional Provisions
Contractor shall ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
1) The City shall be named as an additional insured on all policies
excluding Worker’s Compensation and professional liability.
2) The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3) This insurance shall be in force during the life of the agreement and
shall not be canceled without thirty (30) days prior written notice to
the City sent by certified mail.
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rev.2/16/05
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For City: Title
Name
Address
Citv Enaineer
Llovd Hubbs
2075 Las Palmas Drive
Carlsbad, CA 92009-l 576
For Contractor: Title
Name
Address
Vice-President
Galen N. Peterson
10920 Via Frontera
San Dieao. CA 92127-1704
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rev.2/16/95
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28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
Executed by Contractor this day of / ? -64
CONTRACTOR:
NBS/LOWRY INCORPORATED. a California Corporation
(print name here)
E3@Eif7 (title and organization of signatory)
Al-TEST:
ALETHA L. RAUTENKRANZ City Clerk
s&syi%+ 7: ~~~7I&z ‘/ (title and organrzatron of signatory)
(Proper notarial acknowledgment of execution. by Contractor 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:
RONALD R. BALL City A r”\ ey
rev.20 6/85
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