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HomeMy WebLinkAbout1997-09-16; City Council; 14349; APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECTS - PROJECT NO. 3391-6I %TY OF CARLSBAD -AGE I@ A BILL ?4L \r AB# 14,34 4 TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF MTG. 9/16/97 C1TYAl-r VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECTS PROJECT NO. 3391-6 DEPT. ENG CITY MGF 1 RECOMMENDED ACTION: Adopt Resolution No. 9 ?-boy approving a consultant agreement with SB&( the design of various City sidewalk program projects. I ITEM EXPLANATION: The City Sidewalk Program is an ongoing program that is improving areas through01 The scope of this specific project involves the design of improvements to six (6 sidewalk segments on five (5) separate streets. The engineering firm of SB&O, chosen for design of this sidewalk project. SB&O, Inc., is one of three (3) firms selected as a result of a Request for Qualifications for design of sidewalk projects SI December 1992. Staff recommends that the City Council approve the attached consultant agreement v Inc., for the design of an additional sidewalk project as described in the attached agreement, Exhibit 3. 1 ENVIRONMENTAL: A General Plan Consistency Determination was made on November 4, 1992, for Sidewalk Program. This is a design contract for a capital improvement program prc categorically exempt under CEQA. FISCAL IMPACT: The fee for the attached contract with SB&O, Inc,, is $91,320, Sufficient funds are i the project account. EXHIBITS: PI w 1. Location map. 5 8 Lp= 8i 2. Resolution No. 97 -6OY approving a consultant agreement with SB&O, It design of various City sidewalk program projects. 3. Consultant agreement for SB&O, Inc. z 0 F 0 4 J 0 z 3 0 - 0 CITY OF OCEANSIDE PROJECT NAM .. 1 2 3 4 5 6 0 0 RESOLUTION NO. 97-604 A RESOLUTION 6F THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH SMO, INC., TO DESIGN PROJECT WITHIN THE CITY SIDEWALK PROGRAM. NO. 3391-6 CONSISTING OF SEVERAL SIDEWALK SEGMENTS WHEREAS, the City Council of the City of Carlsbad has previously appropriated 7 the design and construction of the City Sidewalk Program; and 8 WHEREAS, proposals have been solicited for the design of the projects from engineering firms; and 9 WHEREAS, SB&O, Inc., was selected as the best qualified to design Project NI for a fee of $91,320 and that sufficient funds are currently available in the project accour 10 'I 1) NOW, THEREFORE, BE IT RESOLVED by the City Council of' the City of '* California. as follows: 13 1. That the above recitations are true and correct. 14 2. That a consultant agreement with SB&O, Inc., for the design of Project Nc 15 hereby authorized and directed to execute said agreement. 16 as described in the attached contract is hereby approved and the Mayor and City ( 17 3. Following Mayor's signature of the agreement, the City Clerk is further a and directed to forward copies of said agreement to SB&O, Inc., and the En Department design division for their files. 18 19 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit 20 held on the 16th day Of SEPTEMBER , 1997 by the following vote, to wit: 21 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall 22 NOES: None 23 24 ABSENT: None 25 ATTEST: 26 27 28 I&J ALETHA L. abTENKRANZ, City Clerk (SEAL) .. 0 0 AGREEMENT FOR ENGINEERING SERVICES FOR SIDEWALK PROGRAM DESIGN PROJECT NO, 3391-6 THIS AGREEMENT is made and entered into as of the 24th day SEPTEMSER , ’l9~, by and between the CITY OF CARLSBAD, a municil corporation, hereinafter referred to as “City”, and SB&O, Inc., hereinafter referred to “Contractor.” RECITALS City requires the services of an Engineering Contractor to provide the necess: design services for preparation of improvement plans, cost estimates, and right-of+ engineering documents; and Contractor possesses the necessary skills a qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenal contained herein, City and Contractor agree as follows: 11 CONTRACTORS OBLIGATIONS The Contractor shall perform the requirements as detailed in the Scope of WI attached hereto as Exhibit “A and incorporated herein. 2. CITY OBLIGATIONS The City shall provide the items as detailed in Exhibit “A” attached hereto a incorporated herein. rev. 8/26) 1 .. 0 e 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 two hundred ten (210) da: of that date. Extensions of time may be granted if requested by the Contractor ar agreed to in writing by the City Engineer. The City Engineer will give allowance f documented and substantiated unforeseeable and unavoidable delays not caused b! lack of foresight on the part of the Contractor, or delays caused by City inaction or ott agencies' lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $91,320. other compensation for services will be allowed except those items covered supplemental agreements per Paragraph 8, "Changes in Work." The City reserves ' right to withhold a ten percent (10%) retention until the project has been accepted the City. Incremental payments, if applicable, should be made as outlined in attacl Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. . contract may be extended by the City Manager for one (1) additional one (1) 5 periods or parts thereof, based upon a review of satisfactory performance and the C needs. The parties shall prepare extensions in writing indicating effective date length of the extended contract. rev. 812 2 r 0 e 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contraci within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the 100% submittal, 1 Contractor shall deliver to the city the following items; 0 Original mylars, completed without sticky backs, ready for City Engin signature. 0 Original plats and legal descriptions for right-of-way appropriately signed sealed and legal description on MS Word 6.0 or later disk. 0 One (1) set of improvements, grading, striping and signing plan, and right-of- c plats on AutoCAD revision 12 or 13 on diskette. 0 Cost estimate. 0 All design related computer disks not described above, 0 Three (3) sets of final signed reports including letter report on Parking Feasi' Study-Jefferson Street and technical reports, as required. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor 01 City, and informal consultations with the other party indicate that a change in conditions of the contract is warranted, the Contractor or the City may request a chc in contract. Such changes shall be processed by the City in the following manne letter outlining the required changes shall be forwarded to the City by Contract inform them of the proposed changes along with a statement of estimated chang charges or time schedule. A Standard Amendment to Agreement shall be preparc the City and approved by the City according to the procedures described in Car' rev. 81 3 -. 0 0 Municipal Code Section 3.28.172. Such Amendment to Agreement shall not renc ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained 2 company or person, other than a bona fide employee working for the Contractor, solicit or secure this agreement, and that Contractor has not paid or agreed to pay company or person, other than a bona fide employee, any fee, commiss percentage, brokerage fee, gift, or any other consideration contingent upon, or resul from, the award or making of this agreement. For breach or violation of this warra the City shall have the right to annul this agreement without liability, or, in its discrei to deduct from the agreement price or consideration, or otherwise recover, the amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee IO. NONDlSCRlMlNATlON CLAUSE The Contractor shall comply with the state and federal laws regar nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the as provided for in this contract, the City Manager may terminate this contrac nonperformance by notifying the Contractor by certified mail of the termination o Contractor. The Contractor, thereupon, has five (5) working days to deliver documents owned by the City and all work in progress to the City Engineer. Thc Engineer shall make a determination of fact based upon the documents deliver rev. 81: 4 .* 0 e City of the percentage of work which the Contractor has performed which is usable a of worth to the City in having the contract completed. Based upon that finding reported to the City Manager, the Manager shall determine the final payment of t contract. This agreement may be terminated by either party upon tendering thirty (I days written notice to the other party. In the event of such suspension or terminati upon request of the City, the Contractor shall assemble the work product and put sa in order for proper filing and closing and deliver said product to City, In the even' termination, the Contractor shall be paid for work performed to the termination dl however, the total shall not exceed the lump sum fee payable under paragraph 4. - City Manager shall make the final determination as to the portions of tasks comple and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under agreement, the following procedure shall be used to resolve any question of fac interpretation not otherwise settled by agreement between parties. Such questior they become identified as a part of a dispute among persons operating under provisions of this contract, shall be reduced to writing by the principal of the Contrz or the City Engineer. A copy of such documented dispute -shall be forwarded to parties involved along with recommended methods of resolution which would t benefit to both parties. The City Engineer or principal receiving the letter shall reF the letter along with a recommended method of resolution within ten (10) days. I rev. 81; 5 .. 0 0 resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining dispute shall be forwarded to the City Council for their resolution through the Offic the City Manager. The City Council may then opt to consider the directed solutio the problem. In such cases, the action of the City Council shall be binding upon parties involved, although nothing in this procedure shall prohibit the parties see remedies available to them at law. 13. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City mu: asserted as part of the contract process as set forth in this agreement and n anticipation of litigation or in conjunction with litigation. The Contractor acknowlei that if a false claim is submitted to the City, it may be considered fraud anc Contractor may be subject to criminal prosecution. The Contractor acknowledges California Government Code sections 12650 et sea., the False Claims Act, provide civil penalties where a person knowingly submits a false claim to a public entity. T provisions include false claims made with deliberate ignorance of the false inform or in reckless disregard of the truth or falsity of information. If the City of Carlsbad s to recover penalties pursuant to the False Claims. Act, it is entitled to recovc litigation costs, including attorney's fees. The Contractor acknowledges that the fil a false claim may subject the Contractor to an administrative debarment proce wherein the Contractor may be prevented to act as a Contractor on any public wl improvement for a period of up to five years. The Contractor acknowledges deba rev. 81 6 .. 0 0 by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contrac from the selection process./zz? 7 ( nitial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0: 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referenc /p -, ( nitial) -d gp 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's o way as an independent Contractor and in pursuit of Contractor's independent calli and not as an employee of the City. Contractor shall be under control of the City ( as to the result to be accomplished, but shall consult with the City as provided for in request for proposal. The persons used by the Contractor to provide services under agreement shall not be considered employees of the City for any purposes whatsoej The Contractor is an independent Contractor of the City. The payment madl the Contractor pursuant to the contract shall be the full and complete compensatio which the Contractor is entitled. The City shall not make any federal or state withholdings on behalf of the Contractor or hislher employees or subcontractors. City shall not be required to pay any workers' compensation insurance unemployment contributions on behalf of the Contractor or hidher employee! subcontractors. The Contractor agrees to indemnify the City within 30 days for any retirement contribution, social security, overtime payment, unemployment paymer workers' compensation payment which the City may be required to make on beh: the Contractor or any employee or subcontractor of the Contractor for work done u rev. 812 7 .. 0 0 this agreement or such indemnification amount may be deducted by the City from 2 balance owing to the Contractor. The Contractor shall be aware of the requirements 'of the Immigration Refc and Control Act of 1986 and shall comply with those requirements, including, but limited to, verifying the eligibility for employment of all agents, employe subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform tc applicable requirements of law: federal, state and local. Contractor shall providc necessary supporting documents, to be filed with any agencies whose approv; 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 ht required are the property of the City, whether the work for which they are madl executed or not. In the event this contract is terminated, all documents, p specifications, drawings, reports, and studies shall be delivered forthwith to the ( Contractor shall have the right to make one (1) copy of the plans for hislher records 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the pursuant to this contract shall be vested in City and hereby agrees to relinqui: claims to such copyrights in favor of City. rev. 81: 8 .. e 0 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and officers, officials, employees and volunteers from and against all claims, damac losses and expenses including attorney fees arising out of the performance of the w described herein caused in whole or in part by any willful misconduct or negligent ac omission of the Contractor, any subcontractor, anyone directly or indirectly ernployel any of them or anyone for whose acts any of them may be liable, except where caL by the active negligence, sole negligence, or willful misconduct of the City of Carlsb: Contractor shall at its own expense, upon written request by the City, defend such suit or action brought against the City, its officers, officials, employees volunteers. Contractors indemnification of City shall not be limited by any pric subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any mc due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed undel contract by the Contractor, Contractor shall be fully responsible to the City for the and omissions of Contractor's subcontractor and of the persons either direct indirectly employed by the subcontractor, as Contractor is for the acts and omissi0 persons directly employed by Contractor. Nothing contained in this contract create any contractual relationship between any subcontractor of Contractor anc rev. 81: 9 .. 0 0 City. The Contractor shall bind every subcontractor and every subcontractor c subcontractor by the terms of this contract applicable to Contractor's work unl specifically noted to the contrary in the subcontract in question approved in writinc the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the Cil negotiate, make, accept, or approve, or take part in negotiating, making, acceptin< approving of this agreement, shall become directly or indirectly interested personal this contract or in any part thereof. No officer or employee of the City who is author in such capacity and on behalf of the City to exercise any executive, supervison similar functions in connection with the performance of this contract shall bec 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 o City, either before, during or after the execution of this contract, shall affect or ml any of the terms or obligations herein contained nor entitle the Contractor to additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold. Harmless Agreement terms, conditions, and provisions hereof shall inure to and shall bind each of the p: hereto, and each of their respective heirs, executors, administrators, successors, assigns. rev. 812 10 6 ,. 0 0 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writ above. 25. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk accordance with the requirements of the City's conflict of interest code incorpora' Fair Political Practices Commission Regulation 18700 as it defines A consultant. - disclosure category shall be all categories. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and and all amendments insurance against claims for injuries to persons or damag property which may arise out of or in connection with performance of the \r hereunder by the Contractor, his agents, representatives, employees or subcontrac Said insurance shall be obtained from an insurance carrier admitted and authorizc do business in the State of California. The insurance carrier is required to ha\ current Best's Key Rating of not less than "A-:VI' and shall meet the City's polic: insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum 1 indicated herein, unless a lower amount is approved by the City Attorney or Manager: rev. 81: 11 _. 0 0 1. Comprehensive General Liability Insurance. $1,000,000 combir single-limit per occurrence for bodily injury, personal injury and property damage. If. submitted policies contain aggregate limits, general aggregate limits shall ap separately to the work under this contract or the general aggregate shall be twice required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved Contractor's work for the City). $1,000,000 combined single-limit per accident for bo injury and property damage. 3. Workers' Compensation and Employer's Liability. Work Compensation limits as required by the Labor Code of the State of California Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriatc the contractor's profession with limits of not less than $1,000,000 per claim. Cover shall be maintained for a period of five years following the date of completion of work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all poli excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the before commencement of work. rev. 812 12 .I 0 e 3. The Contractor shall obtain occurrence coverage, excluc Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement any extension thereof and shall not be canceled without 30 days prior written noticl the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance covera required herein, then the City will have the option to declare the Contractor in breact may purchase replacement insurance or pay the premiums that are due on exis policies in order that the required coverages may be maintained. The Contractc responsible for any payments made by the City to obtain or maintain such insura and the City may collect the same from the Contractor or deduct the amount paid I any sums due the Contractor under this agreement. rev. 81: 13 ,. e 0 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to rea written notice on behalf of the City and on behalf of the Contractor in connection \i the foregoing are as follows: For City: Title Consultant Project Manager Name Richard K. Jacobs, Dick Jacobs Associat Address 1736 Blackbird Circle Carlsbad, CA 92009 Address 1736 Blackbird Circle Carlsbad, CA 92009 For Contractor: Title President Name Peter R. Safino, SB&O, Inc. Address 361 5 Kearny Villa Road, Suite 201 San Diego, CA 92123 ArchitectlLicense Number: R.C.E. 441 71 ArchitectlLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License fol duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred tc contemplated herein, embody the entire agreement and understanding between parties relating to the subject matter hereof. Neither this agreement nor any prov rev. 81; 14 ,. 0 e hereof may be amended, modified, waived or discharged except by an instrumen writing executed by the party against which enforcement of such amendment, waive1 discharge is sought. Executed by Contractor this // F7 day of ,+ ,‘. 5 i ‘ ~ ,T ,/ . -f q , 191. CONTRACTOR; SB&O, Inc. By: ,,d -- n /x,7,//:,<’’ ’4- ,-. ’. (sign Kere) /- , Peter R. Safino, Prgsident ATTEST: Attedz. Butcher, Secretary Mh” s. ,LWWRf~TE?K*) City Clerk -3 ! ! (Proper notarial acknowledgment of execution by Contractor must be attached.) Y (President or vice-president and secretary or assistant secretary must sign for corporations. If on11 officer signs, the corporation must attach a resolution certified by the secretary or assistant secr under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL c rev. 81: 15 ,. 0 0 EXHIBIT "A" SCOPE OF WORK FOR ENGINEERING SERVICES SIDEWALK PROGRAM DESIGN PROJECT NO. 3391-6 1. CONTRACTOR'S OBLIGATIONS Provide plans, cost estimates, and right-of-way engineering documents meeting City Stand; and Policies in accordance with Attachment 1 , herein, for the following: A. PROJECT LIMITS The six projects are outlined in the table below: -Location Requirements SidewalWStreet Segment I I I 1 1. Cannon Road 790' / Both Sides Elmwood to Pi0 Pic0 2. Laguna Drive 61 0'/ South Side El Arbol to Carlsbad Blvd. I I I 1 3. Park Drive 735' /Both Sides Tamarack to Chinquapin 4. Jefferson St. 400' / East Side Tamarack to 400"'So. I I I I 5. Jefferson St. 1,056' I East Side Tamarack to Magnolia 6. Adams St. 100' / West Side Tamarack to Magnolia B. SCOPE OF WORK The Consultant shall provide services in the following categories: 1. ImDrovement Plan PreDaration 0 Research existing data in City files as needed. a Provide improvement plans per Table 2, Attachment 1. a Provide grading/slope stabilization plans per Table 2, Attachment 1. 1 e e a . Provide drainage facilities plan in accordance with drain 0 Identify existing landscape and irrigation impacts and notate p facilities assessment needs. accordingly. 2. Riqht-of-Wav Enuineerinq b Provide right-of-way engineering plats and legal descriptions Table 2, Attachment 1. 3. Cost Estimate PreDaration e Provide quantities and cost estimates per Table 2, Attachmeni 4. Meetinas a Meet and coordinate with all City departments as necessary. 0 Meet and coordinate with all utility and pipeline companies, p and private, as necessary. 5. Field Survevs 0 Provide control surveys. a Field verify top0 maps. a Provide supplemental ground surveys as necessary. 6. Feasibility Study a Provide preliminary feasibility study for parking on the east si Jefferson Street between Magnolia and Tamarack. 2. CITY OBLIGATIONS The City shall provide the following at no cost to the Consultant: 1. Copies of all existing City reference data as researched and request1 Consultant. 2. Review of the plans and cost estimates for the purpose of detern the general conformity to City standards and Project Scope. 3. As required, soils testing information including determination of R for design of pavement section. 2 I 0 0 ATTACHMENT 1 Table 1 through Table 3 define the City Plancheck Milestones, the timing and requirements of each submission, and the f per submittal milestone. TABLE 1. TIMING OF SUBMISSION MILESTONES 1 90% 70% 30% Elapsed Time retum of 909 return of 70% plancheck. retum of 30% plancheck. written Notice to Proceed. 14 calendar ( 22 calendar days after 30 calendar days after 50 calendar days after TABLE 1. TIMING OF SUBMISSION MILESTONES IMPROVEMENT PLANS 11 90% 70% 30% Improvement plans Full and GornDlete plans sections. and street structural needs, utility relocation, 8 Copie: 8 Copies - 8 Copies irrigation modification drainage, landscape & signatun set 2. plancheck set 1. conceptual grading, City Eng corrections and plancheck with corrections and base sheets, showing b Ink on m full bid-ready plans with 8 Copies RIGHT-OF-WAY Inkon m) Final plats and legal Plats and legal Base sheets showing all ENGINEERING 8 Copies NOTE: 8 Copies - One(1)h 2. Slope and - Preliminary right-of-way 8 Copies 1. Street dedications. right-of-way impacts. descriptions. descriptions for: needs provided at easements. construction about 10% stage. temporary - Use MS Word 6.0 r 8 Copies COST ESTIMATE SAME AS 9C FINAL ESTIMATE DETALED ESTIMATE SCOPING ESTIMATE Drafting Bid Set Format Plus: - NOTE: * Accuracy k10% * Accuracy t25% * 8 Copies - One(1) C Accuracy *IO% 8 Copies Use Microsoft Excel. disk. 8 Copies 3