The URL can be used to link to this page

Home My WebLink About1997-10-07; City Council; 14379; APPROVAL OF A CONSULTANT AGREEMENT FOR ADDITIONAL SERVICES OF THE PALOMAR AIRPORT ROAD AND I-5 INTERCHANGE PROJECT NO. 3268AB# /y, 379 TITLE: APPROVAL OF A CONSULTANT MTG. 10/07/97 THE PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE AGREEMENT FOR ADDITIONAL SERVICES OF PROJECT NO. 3268 DEPT. ENG ..e / DEPT. HD’. ClTYATTY e CITY MGRT N.T.S. PEA SOUP ANDERSON’S ____- _______________--__ PALOMAR AIRPORT RD. NORTHBOUND TURN LANE 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 m RESOLUTION NO. 97-630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO AN AGREEMENT WITH BOYLE ENGINEERING CORPORATION TO PROVIDE ADDITIONAL DESIGN SERVICES FOR PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE, PROJECT NO. 3268. WHEREAS, the City Council of the City of Carlsbad, California, has reviewed the n additional design services associated with the Palomar Airport Road and 1-5 interchange; a WHEREAS, the City Council has determined that Boyle Engineering Corporatior best qualified firm with the professional skills necessary to perform the design services, an WHEREAS, a mutually satisfactory fee for the services has been negotiated; and WHEREAS, the City Council recognizes the need to have the design prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C; California, as follows: 1. 2. That the above recitations are true and correct. That Boyle Engineering Corporation is uniquely qualified to perform the work because of their previous work on the interchange. 3. That Amendment No. 6 to the agreement with Boyle Engineering Corpoi copy of which is attached as Exhibit 3, and made a part hereof, is hereby approved. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 m L 4. That following the Mayor's signature of said Amendment No. 6, the City C authorized and direGted tQ forward executed copies of said amendment to the City Engine Boyle Engineering Corporation, attention: Mr. Jim Neal, 7807 Convoy Court, San California, 921 11. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( held on the 7th day of October , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: - b&i.R. %! ALETHA L. FIAUTENKRANZ, City Clerk 1 (SEAL) (0 0 -I" 1 I .*A AGREEMENT FOR ADDITIONAL DESIGN SERVICES FOR THE PROJECT NO. 3268 PALOMAR AIRPORT ROADII-5 INTERCHANGE THIS AGREEMENT is made and entered into as of the 14th day 1 OCTOBER , 1997, by and between the CITY OF CARLSBAD, a municip corporation, hereinafter referred to as "City1', and BOY LE ENGINEERIN CORPORATION, hereinafter referred to as "Contractor." RECITALS City requires the services of a Contractor to provide additional design servict for the Palomar Airport Road and 1-5 northbound ramp improvements; and Contractor possesses the necessary skills and qualifications to provide tt services required by the City. NOW, THEREFORE, in consideration of these recitals and the mutual covenan contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS Provide the design services as described in more detail in Exhibit "A": 2. CITY OBLIGATIONS I The City shall provide 100-scale base maps and times when noise study shall L performed. rev. 8/261< 1 r 0 0 3. PROGRESS AND COMPLETION .. The design under this contract shall begin within five (5) days after receipt ( notification to proceed by the City and be completed within sixty (60) days of that datc Extensions of time may be granted if requested by the Contractor and agreed to i writing by the City Engineer. The City Engineer will give allowance for documented an substantiated unforeseeable and unavoidable delays not caused by a lack of foresigl on the part of the Contractor, or delays caused by City inaction or other agencies' lac of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $41,770. h other compensation for services will be allowed except those items covered t supplemental agreements per Paragraph 8, "Changes in Work." The City reserves tt right to withhold a ten percent (10%) retention until the project has been accepted t the City. Incremental payments, if applicable, should be made as outlined in attach6 Fr Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. Tt contract may be extended by the City Manager for one (1) additional one (1) ye period or parts thereof, based upon a review of satisfactory performance and the Citl needs. The parties shall prepare extensions in writing indicating effective date ar length of the extended contract. rev. 8126/! 2 E 0 0 6. PAYMENT OF FEES *. Payment of fees shall be approved items on the invoice and shall be mailed the Contractor within thirty (30) days of receipt of the invoice. 7. FINAL s u B M IS s IONS Within five (5) days of completion, the Contractor shall deliver plar specifications, studies and design calculations to the City. All other submissions sh be per Exhibit “A 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or tl City, and informal consultations with the other party indicate that a change in tt conditions of the contract is warranted, the Contractor or the City may request a chanc , in contract. Such changes shall be processed by the City in the following manner: letter- outlining the required changes shall be forwarded to the City by Contractor inform them of the proposed changes along with a statement of estimated changes charges or time schedule. A Standard Amendment to Agreement shall be prepared t the city and approved by the City according to the procedures described in Carlsb; Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend( ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained an company or person, other than a bona fide employee working for the Contractor, t solicit or secure this agreement, and that Contractor has not paid or agreed to pay an company or person, other than a bona fide employee, any fee, commissior rev. 812619 3 I 0 0 percentage, brokerage fee, gift, or any other consideration contingent upon, or resultii from, the award or making of this agreement. For breach or violation of this warrani the City shall have the right to annul this agreement without liability, or, in its discretic to deduct.' from the agreement price or consideration, or otherwise recover, the f amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDlSCRlMlNATlON CLAUSE 0. The Contractor shall comply with the state and federal laws regardir nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the wo as provided for in this contract, the City Manager may terminate this contract f nonperformance by notifying the Contractor by certified mail of the termination of tt. Contractor. The Contractor, thereupon, has five (5) working days to deliver sa documents owned by the City and all work in progress to the City Engineer. The Ci Engineer shall make a determination of fact based upon the documents delivered ' City of the percentage of work which the Contractor has performed which is usable ar of worth to the City in having the contract completed. Based upon that finding i reported to the City Manager, the Manager shall determine the final payment of tb con t pact. This agreement may be terminated by either party upon tendering thirty (31 days written notice to the other party. In the event of such suspension or terminatior upon request of the City, the Contractor shall assemble the work product and put saw in order for proper filing and closing and deliver said product to City. In the event I rev. 8126/S 4 c e e termination, the Contractor shall be paid for work performed to the termination da however, the total shall not exceed the lump sum fee payable under paragraph 4. T City Manager shall make the final determination as to the portions of tasks complet and the compensation to be made. 12. DISPUTES .'. If a dispute should arise regarding the performance of work under tk agreement, the following procedure shall be used to resolve any question Of fact interpretation not otherwise settled by agreement between parties. Such questions they become identified as a part of a dispute among persons operating under t provisions of this contract, shall be reduced to writing by the principal of the Contraci or the City Engineer. A copy of such documented dispute shall be forwarded to bo parties involved along with recommended methods of resolution which would be benefit to both parties. The City Engineer or principal receiving the letter shall reply the letter along with a recommended method of resolution within ten (1 0) days. If tl resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining tl dispute shall be forwarded to the City Council'foi their resolution through the Office the City Manager. The City Council may then opt to consider the directed solution * the problem. In such cases, the action of the City Council shall be binding upon tk parties involved, although nothing in this procedure shall prohibit the parties seekir remedies available to them at law. rev. 812619 5 ! 0 a 13. CLAIMS AND LAWSUITS .e. The Contractor agrees that any contract claim submitted to the City must asserted as part of the contract process as set forth in this agreement and not anticipation of litigation or in conjunction with litigation. The Contractor acknowledc that if a false claim is submitted to the City, it may be considered fraud and 1 Contractor may be subject to criminal prosecution. The Contractor acknowledges tl California Government Code sections 12650 et seq., the False Claims Act, provides civil penalties where a person knowingly submits a false claim to a public entity. The provisions include false claims made with deliberate ignorance of the false informati or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see to recover penalties pursuant to the False Claims Act, it is entitled to recover litigation costs, including attorney's fees. The Contractor acknowledges that the filing a false claim may subject the Contractor to an administrative debarment proceedii wherein the Contractor may be prevented to act as a Contractor on any public work improvement for a period of up to five years. The Contractor acknowledges debarme by another jurisdiction is grounds for the City +of Carlsbad to disqualify the Contracl from the selection process. & (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referencc mnitial) rev. 8126lE 6 t e 0 14. STATUS OF THE CONTRACTOR (: The Contractor shall perform the services provided for herein in Contractor's 0' way as an independent Contractor and in pursuit of Contractor's independent calli1 and not as an employee of the City. Contractor shall be under control Of the city 01 as to the result to be accomplished, but shall consult with the City as provided for in t request for proposal. The persons used by the Contractor to provide services under ti agreement shall not be considered employees of the City for any purposes whatsoevc The Contractor is an independent Contractor of the City. The payment made the Contractor pursuant to the contract shall be the full and complete compensation which the Contractor is entitled. The City shall not make any federal or state ti withholdings on behalf of the Contractor or hidher employees or subcontractors. TI City shall not be required to pay any workers' cornpensation insurance ' unemployment contributions on behalf of the Contractor or hidher employees ( subcontractors. The Contractor agrees to indemnify the City within 30 days for any ta retirement contribution, social security, overtime payment, unemployment payment ( workers' compensation payment which the Citi may be required to make on behalf ( the Contractor or any employee or subcontractor of the Contractor for work done unde this agreement or such indemnification amount may be deducted by the City from an balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reforr; and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employee: subcontractors and Consultants that are included in this agreement. rev. 8/26/9( 7 1 0 0 15. CONFORMITY TO LEGAL REQUIREMENTS *: The Contractor shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Contractor 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. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as here requiredye the property of the City, whether the work,for which they are made t executed or not. In the event this contract is terminated, all documents, plan 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 hidher records. 17. REPRODUCTION RIGHTS The Contractor 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 i claims to such copyrights in favor of City. e< . 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and il officers, officials, employees and volunteers from and against all claims, damage: losses and expenses including attorney fees arising out of the performance of the wor described herein caused in whole or in part by any willful misconduct or negligent act c rev. 8/26/96 8 -? 0 m omission of the Contractor, any subcontractor, anyone directly or indirectly employed any of them or anyone for whose acts any of them may be liable, except where caus by the active negligence, sole negligence, or willful misconduct of the City of Carlsbac Cohtractor shall at its own expense, upon written request by the City, defend E such suit or action brought against the City, its officers, officials, employees a I, volunteers. Contractors indemnification of City shall not be limited by any prior subsequent declaration by the Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any moni 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 tt- contract by the Contractor, Contractor shall be fully responsible to the City for the ac and omissions of Contractor's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omissions persons directly employed by Contractor. Nothing contained in this contract shL create any contractual relationship between any subcontractor of Contractor and tt- City. The Contractor shall bind every subcontractor and every subcontractor of subcontractor by the terms of this contract applicable to Contractor's work unlez specifically noted to the contrary in the subcontract in question approved in writing t the City. rev. 8/26/9 9 ! 0 0 21. p ROHl BITE D INTEREST No official of the City who is authorized in such capacity on behalf of the City negotiate, make, accept, or approve, or take part in negotiating, making, accepting, approving of this agreement, shall become directly or indirectly interested personally this contract or in any part thereof. No officer or employee of the City who is authoriz r: in such capacity and on behalf of the City to exercise any executive, supervisory, similar functions in connection with the performance of this contract shall becon 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 tl City, either before, during or after the execution of this contract, shall affect or mod any of the terms or obligations herein contained nor entitle the Contractor to a1 additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," i terms, conditions, and provisions hereof shall iiiure to and shall bind each of the partic hereto, and each of their respective heirs, executors, administrators, successors, at assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writtt above. rev. 812612 10 '. 0 0 25. CONFLICT OF INTEREST .II The City has determined, using the guidelines of the Political Reform Act and t City's conflict of interest code, that the Contractor will not be required to file a conflict interest statement as a requirement of this agreement. However, Contractor here acknowledges that Contractor has the legal responsibility for complying with tl Political Reform Act and nothing in this agreement releases Contractor from tt responsibility. 26. INSURANCE ,x The Contractor shall obtain and maintain for the duration of the contract and at and all amendments insurance against claims for injuries to persons or damage property which may arise out of or in connection with performance of the wo hereunder by the Contractor, his agents, representatives, employees or subcontractor Said insurance shall be obtained from an insurance carrier admitted and authorized do business in the State of California. The insurance carrier is required to have current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fc insurance as stated in Resolution No. 91-403. ,I ' A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum lirnil indicated herein, unless a lower amount is approved by the City Attorney or Cif Manager: rev. 8/26/91 11 ! 0 0 1 o Comprehensive General Liability Insurance. $1,000,000 combin single-limit per occurrence for bodily injury, personal injury and property damage. If t submitted policies contain aggregate limits, general aggregate limits shall apl separately to the work under this contract or the general aggregate shall be twice t 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 bod injury and property damage. 3. Workers' Compensation and Employer's Liability. Worke Compensation limits as required by the Labor Code of the State of California ai Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate the contractor's profession with limits of not less than $1,000,000 per claim. Covera! shall be maintained for a period of five years following the date of completion of tf work. tc B. Additional Provisions. Contractor shall ensure that the policies of insurance required under tf- agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policic excluding Workers' Compensation. 2. The Contractor shall furnish certificates of insurance to the Ci before commencement of work. rev. 81261S 12 0 0 3. 4. The Contractor shall obtain occurrence coverage. This insurance shall be in force during the life of the agreement a any extension thereof and shall not be canceled without 30 days prior written notice the City sent by certified mail. 5. 8: If the Contractor fails to maintain any of the insurance coveragl required herein, then the City will have the option to declare the Contractor in breach, may purchase replacement insurance or pay the premiums that are due on existii policies in order that the required coverages may be maintained. The Contractor responsible for any payments made by the City to obtain or maintain such insuranc and the City may collect the same from the Contractor or deduct the amount paid fro any sums due the Contractor under this agreement. ,. s. rev. 8/26/9 13 e \ t 0 e 27. PESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to recei written notice on behalf of the City and on behalf of the Contractor in connection u the foregoing are as follows: For City: Title Associate Engineer r: Name Address City of Carlsbad Pat Entezari I Walter Brown 2075 Las Palmas Drive, Carlsbad, CA 92( For Contractor: Title Proiect Manager Name Jim Neal Address Boylc! wering Corpnratinn 7807 Convoy Ct., Suite 200, S.D.. CA 9 License Number: fl2033 16 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for tl duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any qther written document referred to contemplated herein, embody the entire agreement and understanding between tt parties relating to the subject matter hereof. Neither this agreement nor any provisic iii Ill Ill Ill 111 111 rev. 8/26/E 14 , a e hereof may be amended, modified, waived or discharged except by an instrument writing executed by the party against which enforcement of such amendment, waiver discharge is sought. d I Executed by Contractor this hh day of %&m 6 c?? ,193 I CONTRACTOR: BOYLE ENGiNEERlNG CORPORATION r ATTEST: ‘-&-IJ L. fluc LrLc Jr-. (print nameltitle) /~myl_~,+ F+,W~P By: l4AiZdLk 2n (sign here) ALETHA L. RAUTENKRAN$> City Clerk (print nameltitle) (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 01 officer signs, the corporation must attach a resolution certified by the secretary or assistant secret: under corporate seal empowering that officer to bind the c‘orporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney / BY rev. 8/26/9 15 I" 8 a CALIFORNIA ALbPURPOSE ACKNOWLEDGMENT c before me, Ardrc- &f Lohpwe, ud6.r 461~ NAME, TITLE OF OFFICER - E GjJANE DOE, N6TARY PUBLIC' personally appeared HonA~y 1. ~/qGr/-q, rr. NAME(S) O/SIGNER(S) bd personally known to me - OR - 0 proved to me on the basis of satisfactory evidt to be the persono whose name@)@ subscribed to the within instrument and knowledged to me that eshelthey exec the same in @/her/their author1 capacity(m, and that by@/her/t signature@) on the instrument the perso or the entity upon behalf of which personw acted, executed the instrum WITNESS my hand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could 1 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMI @ CORPORATE OFFICER A!-&&i7 fClh/A&q- No. 32 /2T- f- /d- 77 TITLE OR TYPE OF DOCUMENT t-l. fly. fir eq,110_4 0 AITORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: &q 4 /A&/ 4 J{/l ME OF PERSON(S) OR ENTITY(IES) SIGN Ed( $OTHER THAN NAMEdABOV 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P.0 Box 7184 Canoga Park, ( f 0 e EXHIBIT UA” SCOPE OF SERVICES PALOMAR AIRPORT ROAD f NORTHBOUND ON-RAMP, RIGHT-TURN LANE RECONFIGURATION I SCOPE OF WORK: ADDITION OF AN ADDITIONAL RIGHT-TURN LANE lask 100 - Proiect Coordination 101. Coordinate and meet with the City as necessary. 102. Coordinate with the City, CALTRANS, and utility agencies (if applicable) obtain approval of the final design. ‘ - Task 200 - Survevinq And Riqht-of-Way Engineering i!O1. Conduct field survey to locate existing improvements and W (RMI). The fit survey shall be based on existing CALTRANS control monumentation and sh include the horizontal and vertical location of curb lines, driveways, fena drainage facilities, signage, utility boxes, and RMI monumentation. SF elevations shall be taken at various points to veri@ cross slope and draina patterns. Research record RNV maps, survey maps, and grant deeds and prepare Ti Appraisal Maps, legal description and plats for RMI acquisition. 202. 203. Prepare title report (one title). .. Task 300 - Proqress Submittal No. 1 (90°h Desiqn) :30?. Complete drainage calculations to document removal and replacement existing facilities. Prepare and complete plans to the approximate 90percent level, including I following sheets: Title and Location Map Typical Cross Sections and Details Construction Details 0 Grading, Drainage, and Utility Layout Pavement Delineation and Sign Plan Overhead Sign Relocation or Modification Details :302. m Signal, Lighting and Sign Illumination 1 TASK Task 100 - Project Coordination Task 300 - Progress Submittal No. 1 Task 200 - Surveying City and CALTRANS Review Time City and CALTRANS Review Time Task 400 - Progress Submittal No. 2 Task 500 - Final Submittal Additional work (traffic analysis) Printing TOTAL NUMBER OF WEEKS FEE Ongoing $2,65; 5 19,95r 2 3 8,93* 2 2 2,05 0 2,90 14 Weeks $41,77 Ongoing 3,78! 0 1,49