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HomeMy WebLinkAbout1997-12-16; City Council; 14483; APPROVAL OF CONSULTANT AGREEMENT FOR THE UPDATED DESIGN OF PALOMAR AIRPORT ROAD WEST AND APPROVAL OF AGREEMENT WITH COUNTY FOR REIMBURSEMENT OF A PORTION OF COSTS PROJECT NO. 3286I -7 AB# I y! Y %3 CITY MGR~ PROJECT NO. 3286 DEPT. PW CITY ATTY( AND APPROVAL OF AGREEMENT WITH COUNTY FOR MTG. 12/16/97 DEPT.iD.4 TITLE: APPROVAL OF CONSULTANT AGREEMENT FOR THE UPDATED DESIGN OF PALOMAR AIRPORT ROAD WEST REIMBURSEMENT OF A PORTION OF COSTS - i;: -3 '3 0 CA: ?k .x 4 z 0 i= 2 - -! 0 z 3 0 0 RECOMMENDED ACTION: Adopt Resolution NO. 9 1 - I) 18 approving a consultant agreement with P&D Consult; Inc./Consoer Townsend Envirodyne Engineers (P&D/CTE), for updating existing plans for widening of Palomar Airport Road from El Camino Real westerly along the County Airport front and the addition of a driveway to the County Animal Shelter. This same Resolution also appro! an agreement with the County of San Diego to reimburse the City for that portion of the cos1 update associated with the addition of a driveway for the County. ITEM EXPLANATION: The purpose of updating the plans are two fold. First, it has been approximately four years sin the plans were initially prepared and some utilities and storm drain facilities have been revis during that period. Second, the County has requested a new driveway be designed to serve ti County Animal Shelter on the south side of Palomar Airport Road. The Engineering firm of P&D Technologies prepared the initial plans. This firm recently became subsidiary of Consoer Townsend Envirodyne Engineers and has changed their name to PBDIC' which has submitted a proposal to update the plans and add the driveway. As the original designc review the entire set of plans at a much higher cost. The proposal of P&D/CTE apportioned the cc of the design associated with the County request and the County has signed the enclosc agreement to reimburse the City for this portion of the cost. Staff recommends that the City Council approve the attached consultant agreement with P&D/C' for the updated design as described in the attached consultant agreement, Exhibit 3, and al approved the attached agreement with San Diego County for the reimbursement of a portion of t cost as described in the attached agreement, Exhibit 4. this firm is uniquely qualified to update the plans, If another firm was selected, they would have ENVIRONMENTAL: This portion of the project involves completing the improvement plans, project specifications, ar cost estimates. Although the plans and specifications will not have impacts to the environment, tt ultimate construction has the potential of having environmental impacts. Those potential impac have been reviewed consistent with CEQA. A Mitigated Negative Declaration EIA 91-14 for th project was prepared by the Planning Director and approved by the City in December 1991. Notice of Determination was filed on December 26, 1991. Staff review of the Mitigated Negativ Declaration EIA 91-14 shows that there have been no changes to the project, the site or to th circumstances considered in the original Mitigated Negative Declaration that would requir subsequent or supplemental environmental review including the modifications to the Couni driveway which are within the study area and scope of the original environmental approval. , Therefore, this project is in prior compliance with Mitigated Negative Declaration EIA 91-14. I % Page 2 of Agenda Bill No. 0 /? Yb.3 0 FISCAL IMPACT: The fee for the attached contract with P&D/CTE is $36,030.25. The County will reimburse the ( for $9,200.25 of the total cost. The current balance in the Project Account will provide suffc funds. EXHIBITS: 1. Location Map. 2. Resolution No. 47- 3 Ig approving a consultant agreement with P&D/CTE and County of San Diego. 3. Consultant agreement for P&D/CTE. 4. Agreement with the County of San Diego. I LOCATION P 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 e e Exhibit 2 II RESOLUTION NO. 97-718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ENVIRONMENTAL COMPLIANCE, A MITIGATED NEGATIVE DECLARATION, A CONSULTANT AGREEMENT WITH P&D CONSULTANTS INCKONSOER TOWNSEND ENVIRODYNE ENGINEERS TO UPDATE THE DESIGN OF PALOMAR AIRPORT ROAD WEST, PROJECT NO. 3286, AND AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR REIMBURSEMENT OF A PORTION OF THE COSTS. WHEREAS, the City Council of the City of Carlsbad has reviewed, analyzed considered the Mitigated Negative Declaration EIA 91-14 for this project that was issue December 5,1991; and WHEREAS, based on the EIA Part II, comments thereon, and that there have not t any changes to the project, the site or to the circumstances considered in the original Mitig Negative Declaration that would require subsequent or supplemental environmental re including the modifications to the County driveway which are within the study area and scor the original environmental approval, the City Council finds that there is no substantial evidc that the project will have a significant effect on the environment and hereby APPROVES Mitigated Negative Declaration EIA 91-14; and WHEREAS, the City Council does hereby find that the Negative Declaration EIA $ has been prepared in accordance with the requirements of the California Environmental Q Act, the State Guidelines and the Environmental Protection Procedures of the City of Carl! and WHEREAS, the City Council finds that the Negative Declaration EIA 91-14 which prepared and published reflects the independent judgment of the City Council of the C Carlsbad; and WHEREAS, the City Council of the City of Carlsbad has previously appropriated fun( this project; and WHEREAS, a proposal has been solicited for the design of this project from a qu: engineering firm; and I// I// 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 /I e 0 WHEREAS, P&D Consultants IncKonsoer Townsend Envirodyne Engineers (P&D/ was selected as uniquely qualified to design Project No. 3286 for a fee of $36,030.25 an( sufficient funds are currently available in the project account. WHEREAS, the County of San Diego has agreed to reimburse the City for a portion ( cost of design amounting to $9,200.25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement with P&D Consultants IncIConsoer Towr Envirodyne Engineers (P&D/CTE), for the design of Project No. 3286 as described in the atk contract is hereby approved and the Mayor and City Clerk are hereby authorized and direci execute said agreement. 3. Following the Mayor's signature of the agreement, the City Clerk is fl authorized and directed to forward copies of said agreement to P&D Consultants Inc./Col Townsend Envirodyne Engineers (P&D/CTE), and to the Engineering Department Plannin! Design section for their files. 4. That the reimbursement agreement with the County of San Diego fo engineering design services for Palomar Airport Road Improvements, Project No. 3281 described in the attached agreement is hereby approved and the Mayor and City Cler hereby Ill Ill Ill 111 Ill Ill Ill Ill Ill Ill authorized and directed to execute said agreement. Ill /I 0 0 1 5. Following the Mayor's signature of the agreement, the City Clerk is fi 2 authorized and directed to forward copies of said agreement to Timothy A. Walsh, Ass 3 Deputy Director - Aviation, County of San Diego, Department of Public Works, 5555 Ovc 4 section for their files. 5 Ave., San Diego, CA 92123-1295, and to the Engineering Department Planning and C 6 II 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc 8 9 held on the 16th day of December , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall 10 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' ATTEST: C&-+w A:. i ,20" ALETHA L. RAUTENKRANZ, City Clerk (SEAL) .I. , .I * L ,I ,, . .. b , * 5) ‘ L 0 e AGREEMENT FOR ENGINEERING SERVICES FOR PROJECT NO. 3286 THIS ’ AGREEMENT. is made and entered into as of the 16 th day i December , 193, by and between the CITY OF CARLSBAD, a rnunicil corporation, hereinafter referred to as “City”, and P&D CONSULTAN INCJCONSOER TOWNSEND ENVIRODYNE ENGINEERS, hereinafter referred to “Contractor.“ RECITALS City requires the services of a professional engineering Contractor to provide 1 . necessary engineering services for preparation of plans, specifications and cl estimate; and Contractor possesses the necessary skills and qualifications to provl the services required by the City; NOW, THEREFORE, in consideration of these recitals and the rnut covenants contained herein, City and Contractor agree as follows:’ I. CONTRACTOR’S OBLIGATIONS The scope of services to be provided are described in Exhibits “A and “6” follows: e Exhibit “A - Consisting of Tables 1 , 2, and 3. e Exhibit “B” - Proposed Method to Accomplish the Work Consisting of Pages 2-1 through 2-3. rev. 8/26, 1 ,. . rc e 0 2. CITY OBLIGATIONS The City shall provide: A. Copies of all existing City reference data as researched and requested Contractor. B. Review of the plans, specifications and cost estimate for the purpose determining the general conformity to City Standards and Project Scope. 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 in accordance with Exhibit " Extensions of time may be granted if :requested by the Contractor and agreed to writing by the City Engineer. The City Engineer will give allowance for documented z substantiated unforeseeable and unavoidable delays not caused by a lack of foresit on the part of the Contractor, or delays caused by City inaction or other agencies' I: of timely action. 4. FEES TO BE PAJD TO CONTRACTOR The total fee payable for the services to be performed shall not excc $36,030.25. No other compensation for services will be allowed except those ite covered by supplemental agreements per Paragraph 8, "Changes in Work.'' The ( reserves the right to withhold a ten percent (1 0%) retention until the project has bc accepted by the City. Incremental payments, if applicable, should be made as outlined in attact 2 rev. 8126 . I. ..,.I. , "* 0 0 Exhibit "A." 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. TI . contract may be extended by the City Manager for one (I ) additional one (1 } ye I periods or parts thereof, based upon a review of satisfactory performance and tl City's needs. The parties shall prepare extensions in writing indicating effective d; and length of the extended contract. 6. PAYMENT OF FEES Payment Of approved items on the invoice shall be mailed to the Contrac within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS .. Within five (5) days of completion and approval of the plans, specifications, c( estimate and right-of-way documents, via the City Engineets signature on the plar the Contractor shall deliver to the City the following items: A. All items as described in Table 2 of Exhibit "A". B. Two'(2) copies of all other documents and calculations generated by t Contractor in the completion and execution of the provisions of this contract. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or t City, and informal consultations with the other party indicate that a change in t conditions of the contract is warranted, the Contractor or the City may request a chan rev. 8/26] 3 ., a .> @ e 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 Contractol inform them of the proposed changes along with a statement of estimated changer charges or time schedule. A Standard Amendment to Agreement shall be preparea the City and approved by the City -according..to- the procedures described in Carlsl Municipal Code Section 3.28.172. Such Amendment .to Agreement shall not ren .. . ineffective or invalidate unaffected portions of-the -agreement. 9. COVENANTS AGAINST CONTINGENT-FEES The Contractor warrants that their firm has not employed or retained l 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 l company or person, other than a bona fide employee, any fee, commissi percentage, brokerage fee, gift, or any other consideration contingent upon, resulting from, the award or making of this agreement. For breach or violation of 3 warranty, the City shall have the right to annul this agreement without liability, or, ir discretion, to deduct from the agreement price or consideration, or otherwise recol the full amount of such fee, commission, percentage, brokerage fees, gift, or conting fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarc nondiscrimination. rev. 0126 4 ,I I ,, " ,I. <:. ,,>, . 6, e. e \ 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the H as provided for in this contract, the City.: Madager -may terminate this contract nonperformance by notifying the Contractor by- certified mail of the termination of .. Contractor. The Contractor, thereupon, has five (5) working days to deliver 5 documents owned by the City and all woik.-in progress to the City Engineer, The ( Engineer shall make a determination of factbased upon the documents deliverec .. City of the percentage of work which .the Contractor has performed which is usable i 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 contract. This agreement may be terminated by either party upon tendering thirty ( 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 d; 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. DEPUTES rev. 8/26 5 ,..,I.. ,. . ., .. 0 0 If a dispute should arise regarding the performance of work under this agreement, 1 following procedure shall be used to resolve any question of fact or interpretation I otherwise settled by agreement between parties. Such questions, if they becol . identified as a part Of a dispute among persons operating under the provisions of t contract, 'shall be reduced to writing by the principal of the Contractor or the C Engineer. A copy of such documented dispute .,shall -be forwarded to both part involved along with recommended -methods af resolution which would be of benefit I . .:. .- both parties. The City Engineer or principal receiving the letter shall reply to the let along with a recommended method of resolutiq within ten (1.00) days. If the resoluti thus obtained is unsatisfactory to the aggrieved-party, a letter outlining the dispute st- be forwarded to the City Council for their: Fesolution through the Office of the C Manager. The City Council may then opt to. consider the directed solution to 1 problem. In such cases, the action of the City Council shall be binding upon the part -. involved, although nothing in this procedure shall prohibit the parties seeking remed available to them at law. 13. CLAfMS AND LAWSUITS 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 acknowleds 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 rev. 81261 6 " 0 e California Government Code sections 12650et seq., the False Claims Act, provides' civil penalties where a person knowingly submits a. false claim to a public entity. The provisions include false clairns.made with deliberate ignorance of the false informat or in reckless disregard of the truth or"falsify .of information. If the City of Carlst seeks to recover penalties pursuantto. the-False-Claims Act, it is entitled to recover litigation costs, including attorney's. fees. The Contractor acknowledges that the filinc 1 a false claim may subject the Contractor to an administrative debarment proceed wherein the Contractor may be prevented'to .&as a Contractor on any public work .. - .. - .- improvement for a period of up to-five years7he Contractor acknowledges debam by another jurisdiction is gro s for the City of Carlsbad to disqualify the Contrac from the selection proces fl~nitia~~ . - -.-' I; 1 1 . The provisions b< Carlsbad Municipal . Code sections 3.32.025, 3.32.0. &$tiail 3. ,2.027 and 3.32.028 pertaining to false claims are-incorporated herein by referenc v 14. STATUS OF THE CONTRACTOR The Contractor shall perform, the services provided for herein in Contract( own way as an independent Contractor and in pursuit of Contractor's independ calling, and not as an employee of the City. .-Contractor shall be under control of City only as to the result to be accomplished, but shall consult with the City as provic for in the request for proposal. The persons used by the Contractor to provide servic under this agreement shall not be considered employees of the City for any purpo: rev. 8/26 7 i. .. 0 whatsoever. 0 .. . .. The Contractor is an independent Contractor -of the City. The payment mad{ the Contractor pursuant to the contract shall be-(he full and complete WmpenSatiOr .. " .... .. .. .. I 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. 1 City shall not be required to .pay .any' .-workers' compensation insurance .. unemployment contributions on behalf of the .-Contractor or hidher employees subcontractors. The Contractor agrees to .indemnify the City- within 30 days for any 1 retirement contribution, social security, overtime .payment, unemployment paymenl .. . .. - workers' compensation payment which the.-Cityimay .. . be -required to make on behal, the Contractor or any employee or subcontractorof the'contractor for work done un .. " this agreement Or such indemnification amount may be deducted by the City from i .. balance owing to the Contractor. The Contractor shall be aware of- therrequirements of the Immigration Ref( 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 to applicable requirements of law: federal, .state .. -and local. Contractor shall provide necessary supporting documents, to' be filed with any agencies whose approva 1. . .. rev. 8J2E 8 .I .. , .. + .. . .. 0 0 necessary. The City will provide copies of the approved -. plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS' ... -::': =- 1 .._ . .- . .- ' .. " - .. __ - - All plans, studies, sketches, -ilftawings, repods, ' and. specifications as hert i -. - .. - ._ required are the property of the City, whethk @e work for'which they are made executed or not. In the event this contract.: is terminated, all documents, plat " " specifications, drawings, reports, and studies shall.be delivered forthwith to the Cit . .. . c -Contractor shall have the right to make one (7) copy .. of-the-plans for hidher records. .. ..- 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights .khiih arise from creation of the w( pursuant to this contract shall be vested in City and hereby agrees to relinquish . .. claims to such copyrights in favor of City. 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, damagc 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 act omission of the Contractor, any subcontractor, anyone directly or indirectly employ by any of them or anyone for whose acts any. of them may be liable, except whf caused by the active negligence, sole negligence, or willful misconduct 'of the City Carlsbad. . I.. . . .. rev. 81261 "9. : .. 0 0 Contractor shall at its own expense, upon written request by the City, defend an such suit or action brought against the City, .its officers, officials, employees an volunteers. Contractors indemnification of. City shall not be limited by any prior c subsequent declaration by the Contractor. .- " . 1.9. ASSIGNMENT OF CONTRACT." . '.;:; .-I ' .- . . .. .. - .. __.. - . ._ The Contractor shall.. not asst.gn -1his contiact -& any -part thereof or any monie: -. .. .. ... .. " - -.- . 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 and omissions of Contractor's 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 10 rev. 8/26/96 .. . . /, , ,< 0 0 approving of this agreement, shall become directly or indirectly interested personally this contract or in any part thereof. No o.fficer or employee of the City who is authoriz in such capacity and on behalf of. the City to exercise any executive, supervisory, similar functions in connection with the. perfsrmance -of, this contract shall becol directly or indirectly interested personally in'this'cantract or.any part thereof. .. .. 22. VERBAL AGREEMENT OR CONVERSATION .. . .. - No verbal agreement or canversation -with-any officer, agent, or employee of 1 City, either before, during or after the executionof " this- contract, shall affect or moc any of the terms or obligations herein- contained nor entitle the Contractor to E additional payment whatsoever under the- termsof this contract. - ,.. - .. . " .. - - ~ .- -1 - .. .. -. .. - " .. . 23. SUCCESSORS OR ASSfGNS - . Subject to the provisions of Paragraph 1.8, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall inure to and shall bind each of the part hereto, and each of their respective heirs, executors, administrators, successors, a assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writ1 above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and i City's conflict of interest code, that theContractor will not be required to file a conflici 11 rev. 8/261 <, PL..,... ..e 8 I '1. 'e 0 I interest statement as a requirement of this agreement. However, Contractor here acknowledges that Contractor has the legal responsibility for complying with t Political Reform Act and nothing in this agreement releases Contractor from tt responsibility. 26. INSURANCE The Contractor shall obtain and maintain 'for the duration of the contract and a 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 wc hereunder by the Contractor, his agents, representatives, employees or subcontract0 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 i insurance as stated in Resolution No. 91403. .. A. Coverages and Limits.. .. Contractor shall maintain the types of coverages and minimum lim indicated herein, unless a tower amount is approved .by the City Attorney or C Manager: 1. 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 apf rev. 8/26/ 12 .I 0 0 separately to the work under this contract or the general aggregate shall be twice t required per OccurrenGe 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 1 bodily 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 a Employer's Liability limits of $1,000,000 per accidentfor 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 t work. 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 polici excluding Workers' Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the C before commencement of work. rev. 01261 13 ., 0 - -.. e:. 3. The Contractor shall obtain occurrence coverage, excluding Professior Liability which shall be written as claimsLmade average. 4. This insurance shall be in force during the life of the agreement and a extension thereof and shall not be canceled without 30 days prior written notice to t City sent by certified mail. 5. If the Contractor fails to maintain any. -of --the insurance coverages requir herein, then the City will have the- option' to .declare the Contractor in breach, or m purchase replacement insurance or pay the premiums that are due on existing polici in order that the required coverages may be-miintained. The Contractor is responsit for any payments made by the City to obtainar maintain such insurance and the C may collect the same from the Contractor or deduct the- amount paid from any SUI due the Contractor under this agreement. 7. RESPONSIBLE 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 w the foregoing are as follows: .. .. - For City: Title City Engineer Name .-Lloyd B. Hu6bs;P.E:. Address 2075 Las Palmas Drive For Contractor: Carlsbad, CA 92009-1 576 Title VICE PRESIDENT Name LEWIS W. GARBER Address 1100 TOWN 6 COUNTRY RD., SUITE ORANGE, CA 92868 rev. 81261 14 .L e a I R.C.E. License Number: 16150 R. C. E. License Number: .. " - . .. ~ .. - .. " ~ - " . 28. BUSINESS LICENSE .. - - - .. .- .. . .- " .". Contractor shall obtain and maintain a"City of Carlsbad Business License for ti . .. .. .. ..- duration of the contract. 2s. ENTIRE AGREEMENT .. .. .. This agreement, together with any other written document referred to or contemplat herein, embody the entire agreement and understanding between the parties relating the subject matter hereof. Neither this agreement nor any provision hereof may amended, modified, waived or discharged..qxcept by an instrument in writing execut by the party against which enforcement. of '.&ch :amendment, waiver or discharge sought. .- -. . ... . .- . .., . .. - .. . . .. . .. .. - - ' -. . -. . . .. .. . -1 5- - -. rev. 01261 0 e Executed by Contractor this 9 6 day of 3 L" ,19 7; CONTRACTOR: By: /$q&pL&:fL 3 f y$ &,,fld, cl'elh j 1/4 (sign here) ./ (print n'ame/titIe) I AITEST: && ALEWRA~ENKRANZ City Clerk A, (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 on€ officer signs, the corporation must attach a resolution certified by the secretary or assistant secretaq under corporate seal empowering that officer to bind fhe corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY c rev. 8/26/96 16 0 0 CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT personally appeared to be the person+&@ whose nam*is/f subscribed to the within instrument and i knowledged to me that he/sw execu the same in his/Wir authoriz capacity*), Zid that by - hislkm7-h signatur*) on the instrument the persoh or the entity upon behalf of which 1 personyacted, executed the instrume WITNESS my hand and official seal. - Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr? fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI 0 AlTORNEY-IN-FACT NUMBER OF PAGES c] GUARDIANKONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 Canoga Park, U 0 0 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared to be the personi whose name@)is/ut subscribed to the within instrument and a( knowledged to me that-+m/she/they execute the same in ,kts/her/tW authorize capacity@&, and that by ktf/her/th signaturefsj on the instrument the person(% or the entity upon behalf of which th personwacted, executed the instrumen, L_. c- - I I , WITNESS my hand and official seal. c I I I I Ty422kL SIGNATU E OF NOTARY OPTIONAL B Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT / [7 INDIVIDUAL 1 "A aCORP ATE OFFICE c 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANCONSERVATOR OTHER: GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ~~~~ DATE OF DOCUMENT __~.~ - SIGNER(S) OTHER THAN NAMED ABOVE 1 .------- " 81993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnei Ave.. P.O. Box 7184 Canoga Park, CA 9130 a. -. 0 0 EXHIBIT 'A' FOR CONTRACT L Tab\$ 1 IhiQWh Table 8 &fine tht ciq Plancheck Milestones, the time and requirements of each submission, anr: allocation per submittal milestone. MILESTONES I 90 Percent I 100 Percent Elapsed Time m 28 calendar days after approval of percent plancheck. contract. 14 calendar days after retul LL I 1 MILESTONES 90 Percent ~- ~ ~. -~ 12 PLANS 100 Percent Full lz&e.&y plans with corrections and Final dratt pf 8 copies Engineer signature plancheck set 1. Photo or ink on mylar ready 1 SPECIFICATIONS 8 copies I NoTE: entire set of Soecial Bid-readv text of the followin! MS Word disk. Same as 100 percent except MS - Special Provisions to S 7. Green Book format used throughout Specifications for Public Word disk. I document for each milestone. I 11 2. Use MS Word format throughout. ! Construction. Standard Reference Drawings Utility Company Drawings. 8 copies 8 copies 1 FINAL ESTIMATE . COST ESTIMATE I SAME AS 90 PERCENT 1 NoTE: Use Excel format. Drafting Bid Set Format. Accuracy 2 10 percent 8 copies Plus: One (1) Excel disk. I' It I MILESTONES I 90 Percent I 100 Percent P II ! 1 -L -X D/REZ~ ~~~i5 - ' 2, sap 1 4 " I ... @jf/ b' t5 ft 0 PALOMAR AIRPORT ROAD .... 4 - Pmjf?ct No. 32t Section 2 Proposed Method to Accomplish the Work This section presents our Project Team's accountability in a single individual. An overview of OUI proposed technical and management approach to planning process is: accomplishing the work. As all Team members have previously provided services to the City of 0 Establishing Scope - During contract negotiation f01 Carlsbad, we are aware of and well versed in the . each task, the proposed scope will be finalized. This City's design standards. Our approach will make will permit the Project Manager to identify al maximum use of existing project documents. This , resource needs. information will be supplemented with our collective Team's experience in the performance of other Road Wdening Contracts, projects similar to the tasks that will arise from this contract, and our in-depth knowledge of the project area. The P&D/CTE Team has the technical yd management experience and ability to respond to 0 Scheduling - P&D/CTE often will input the schedule into the PC software Microsoft Project eWmevcm Project software can be used to generate milestone charts, bar charts and the critical path. network. This process allows the Project Manager to evaluate and prioritrze project resources. the challenges that may arise from any tasks Budgeting - Final budgets will be established and within this Road Wldening Contract assigned to all project personnel. The budgets will be combined with the project schedule identified in Communications and Timely the project master schedule to prepare a comprehensive project plan. When combined with actual cost and schedule information. the Project P&D/CTEs project organization focuses on clear Manager will be able to access schedule and lines of communication for directing and financial status by technical element and the entire ,coordinating project activities. We assume 100 project Performance of Work percent of the responsibility for project exec'ution. Staffing and subconsulting , management procedures built into the organization will minimize redundant layers of management and excessive hand-offs, and maximize continuity and control of quality. P&D/CTE's goal for managing this contract is to provide only those management personnel which are essential for successfully We will utilize Team meetings with the City of Carlsbad's Project Manager to optimize communication of schedules, data requirements, and design and construction constraints identified during the conduct of the project. Minutes of meetings and status reports outlining the details will be presented to the City of Cartsbad on a periodic basis. I i executing the contract and to limit the amount of overlap in duties of those key personnel. P8DICTE is proud of our record in .completing our assignments on schedule. To help make sure that all A key to successful execution of projects is projects are completed on schedule, P&D/CTE manages deliberate and thorough project planning. Our the staff assignments and the project. Staff meetings are Project Manager, Daniel Lee, will be responsible held regularly to see that all project schedules will be for finalizing the scope, schedule, budget and made. Each project manager and technical specialist staffing for the tasks. This arrangement vests will review the workload and the requirements for support during both the short-term (two to four weeks) and long- I 97403.72 H Page 2-1 -. 8 I 0 i* i ,,~LOUAR AIRPORT ROAD Pmp? No. 3286 ' term (three or more months). The short-term To expedite receipt and submittal of files, P&D/CTE has review of workload allows the Project Manager to an internet address (CTE@SLCTNET.COM). reassign staff from projects which have delayed and that peak requirements are met This also minimizes conflicts with support services such as PreKnary Approach to Work document production and graphics. The workload review for the long-term is used to anticipate time crunches and supplement the team as necessary. P&D/CTE, as a large firm with approximately 680 employees, have the depth and the resources to commit to the City of Cartsbads Contract. As part of CTE Engineers, P&DCTE enjoys the opportunity to achieve the goal of moving the project forward in a timely manner. Computer Resources The P&D/CTE staff uses its combined computer experience as a tool for its clients, shaping applications to suit the client's specific needs. We- 4 provide our clients with state-of-the-art computer services. A combination of 486 and Pentium micro-processor based computers, the latest in Hewlett Packard laser printer and plotter technology, along with Apple Maclntosh stations give P&D/CTE access to the widest possible field of computer applications, from design and development packages such as AutoCAD, Softdesk, Terramodel and Microstation to data processing and office productivity software such . as Ashton-Tate's dBase, Lotus, 1-2-3, Microsoft Excel, Quattro Pro, Wordperfect, Word, to GIS systems such as Freehand for desktop publishing applications, as well as the latest in Apple Maclntosh based video enhancement hardware and software. Our GIS system, ARCANFO 3.40 that uses dBase as its relational database, has a wide variety of capabilities and applications. The system utilizes multiple layers of digitized spatial data, which can be used to format, combine, manage, and analyze information. From use as a resources management tool for water resources, municipal and environmental management uses, GIS has become more of a necessity in project performance in recent years. Task 1. Project Management Plan and Scheduling. A key to completing projects on schedule and within budget is a comprehensive and responsive approach to project organization, management, and monitoring. A Project Management Plan will be prepared for each task; it will be used for overall project control, including budgeting, scheduling, agency coordination, document control, and quality control. Critical elements of the project, which could affect the schedule or budget, will be identified and specifically addressed in the Management Plan. The project management plan will be monitored computerized schedule. The P&D/CTE team will use -Microsoft Project to generate and track project activities, in conformance with the City's scheduling system and guidelines. The plan will identify all of the tasks and subconsultants to clearly show responsibilities and deadlines. Monthly reports will be submitted to documents project progress and status. The monthly reports will include a summary of major accomplishments during the past month, a list of major activities planned for the next month, and identification of any problem areas. Task 2. Project Meetings. For each task, a series of project meetings will be conducted with City staff to review the scope of work, design concepts, program standards, guidelines, project cost, ConStfUCtiOn, and schedule. These meetings will vary from formal presentations to working session. The P&D/CTE Team will participate with the City as the lead agency in interfacing with the various utility companies and departments as necessary. We will identify and periodically meet with appropriate utility companies to facilitate code compliance permit application requirements. It is anticipated that these throughout the project by utilization of a cost-loaded -. B Page 2-2 97403.72 e PALOMAR AIRPORT ROAD hject No. , agencies will include the Water Districts, SDG&E, Pacific Bell, and Cable N. Task 3. Review of Existing information. The P&D/CTE Team will review all existing planning, Task 6 Final Design. design and record information pertinent to the projects to minimize duDllcatron of effort This Task 6A information will include the Right-of-Way Specifications. Specifications Will be updated US drawings, maps, improvement plans, drainage CQ-furnished standard speclficatiOnS and the' Stand, reports, routing studies, traffic studies and Specifications for Public Works Construction. pertinent utility as-built records. We will supplement the Crty's documents with our Task 6B research, investigations and experience to ensure Cost Estimates. Using City-furnished cost-estimat that the projects are tailored to the specific sites' guidelines, P&D/CTE will develop quantity surveys 8 , conditions.. prepare cost estimates for property acquisition, desi! surveying, constnrcbon management and construction Task 4. Existing Site Conditions and Surveys. the projects. Where insufficient information is availat We will perform a field Sutvey. under this task to to obtain reasonabie accurate development of quantih check topography and existing improvement the P&D/CTE Team will use judgmental allowances 1 locations at the critical area. Coordination with completing the capital cost estimate. A final opinion utility companies such as San Diego Gas 8, probable construction cost will be prepared pirior to L Electric, Pacific Bell, cable television and other advertisement The cost estimate will be organized franchise utility companies will be extremely update of existing division, and section. important 'to minimize conflict with existing and future utilities, including fiber optic cables. Task 6C Plan Revisions. P&D/CTE will update plans to incluc Task 5. Geotechnical. Geotechnical the access road to the County Facility, and review ar investigation work will concentrate on the addition adjust plans to meet current City Standards. of the access road to the County Animal Shelter and a Review of the Geotechnical Report for Road Improvements. f % I s 97403.72 Page 2 4 = - - " 5 - e- CO 8- December 23,1997 Timothy A. Walsh Assistant Deputy Director - Aviation County of San Diego, Dept. of Public Works 5555 Overland Avenue San Diego; CA 921 23-1295 RE: PALOMAR AIRPORT RD. WEST - REIMBURSEMENT AGREEMENT City of Carlsbad Project No. 3286 Enclosed for your files is one signed “original” Reimbursement Agreement for the above referenced project, which is dated December 16, 1997. Additionally, I have enclosed copies for your reference of the conformed December 16, 1997 Carlsbad City Council agenda bill and Resolution No. 97-718 which authorized the execution of the Reimbursement Agreement for Project No. 3286. LPS- KATHLEEN D. SHOUP Sr. Office Specialist i <-, i a 0 REIMBURSEMENT AGREEMENT FOR THE ENGINEERING DESIGN SERVICES FOR PALOMAR AIRPORT ROAO IMPROVEMENTS PROJECT NO. 3286 I THIS AGREEMENT is made and entered into as of the16th day Of ,December - I j 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as ‘CITY” and the COUNTY OF SAN DIEGO, a municipal corporation, hereinafter referred to as “COUNTY”, in view of the following purposes: A. CITY enters into this agreement with COUNTY for the reimbursement of a portion of the design costs by P & DKTE to (1) update existing improvement plans titled “Plans for the Improvement of Paiomar Airport Road from 556 feet West of Yarrow Drive to 622 feet West of El Camino Real” consisting of 29 sheets which were previously prepared by P & D Technologies and (2) to include the design of an access road to the County Animal Control Facility. B. The access road to the County Animal Control Facility will be constructed on County property and designed to County standards to be provided to P & DlCTE by the County. IT IS, THEREFORE, AGREED: 1. CITY agrees to enter into a separate agreement with P & D/CTE to accomplish the update of existing plans and design of the access road to the County Animal Control Facility pursuant to Proposal from P & DETE dated August 18, 1997 which is attached hereto. 2. COUNTY agrees to reimburse CITY for costs associated with COUNTY work which is presently estimated at $9,200.25. 3. COUNN will deposit $9,200.25 with CIN within thirty (30) days of notice from CITY to do so. 4. COUNTY will have the right to audit costs paid by CITY for these design services. 5. This agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of this agreement shall not be deemed to affect the validity or legality of any other provision of the agreement. ” -. ~ r’ I ,. .“I ’ e e 71 This agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. ,8. This agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof. 9. This agreement may be amended, modified, superseded or canceled, and any of the terms, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto or in case of a waiver, by the party waiving compliance. 10. This agreement does not amend, modify, supersede or replace the previous *. Memorandum Of Agreement for funding and construction of, street improvements on El Camino Real and Palomar Airport Road, dated August 22,1989 between the CITY and COUNTY for the reimbursement of previous costs paid by the CITY for the original design of the improvement plans stated in paragraph A, subsection (1) above. 11. COUNTY will hold the CITY harmless from any liability of any kind resulting from the work to be performed pursuant to this Reimbursement Agreement and shall pay all costs of defense Of any claims or lawsuits, including reasonable attorney’s fees, arising from the work. CITY OF CARLSBAD, a municipal COUNTY OF SAN DIEGO, a municipal corporation of the State of California By: Typed Name: Claude A. Lewis Typed Name: Timothy A. Walsh Mayor Assistant Deputy Ulrector - A Department of Public Works ATTEST: Aletha L. Rautenk . . '. buLL Ju -Ir uJ.urr'~ mwcrt LM;INERS 0 0 DEC 30 '97 02:AlF P P1 ziz -0EB 9omEmm EBOiECoPPlJB JmZllBgpt8, Iloc.. Izeoom3 of Uma* OhPttea aot&os sna Jmt%OP of the Boa- of Dixeal;orb . .- ,I ~be Direotors of Cometar gowasend I 4 aiaagueud), EPCr - ww mamag wozuti- as gr PU~ remuteom hrra I" aaaptea (~~~~I, M muhg -eat, bm &ZZZ* tbe ahtiaa sf at a &eating of the -orat%- duly, -&e4 a& bl4 ;5p weozdaaer with the -law of the COtpOLa+ioa, -~pd her- Weat wt *a oapp hereof be Sled with the miauteg of the proocediagm of bbe Boas of Direotors. NOW "OBep BE 1% REQOtPlro, that #r. -8 1. BIrber aa8 FDrr, wa 6s B-", Qf Consoer %--a "irdipae Bn me., ham rhe aubbority to exmate the corrttaat with +a=-; I a" certify that the foregoiag fm a true 'ppa: erwwt cpspl M e tbe resolution adopts8 by the Board of Dirt3CfOr8 oa Beeembe 38. . carlsbad fer Pzoject Loo. 3286 om behalf of O'PB. I 1997, **,."z ,' ,x: :& 2 *=?. - i ::* ". .. .- 3" : " .. -. . - -: _. . - - - .- . .. . -* . 9. \c \o Q ,a . . =, -.;. '0 '* ti, ; * i-. ;-;* i;: d% .d ' -= .IT ' .. ..L 23. . : 2:, ' & 1.. ... .' .;,I .I L I ' *. '.,*"5, h " CC- . - : . . -. .. I .I.- . . I. I. ._ ."", . . ; r. . .r I *. , WRITE IT - DON'T SAmT! Date Jan. 12 19 ToGalen .. Peterson, % of MikeBock/Engineering 0 Reply Wanted From Kathleen ShouD/CityXkk GNo Reply Necessary RE: PROJECT NO. 3286 1 Original agreement with the County is now on file in the City Clerk's Office. 1 Original agreement with the County was mailed to the attention of Timothy Walsh at the County, per instructions I receieed. You will find a copy of this signed documc attached for your files. 1 Original agreement with P&D Consultants is now on file in the City Clerk's Office. 3 Original agreements with P&D Consultants are attached for your attention per instructions I received. The delay in getting these 4 documents signed was due to t lack of authorization for two vice presidents to sign the agreement. Once you had t authorization faxed to us the documents were processed for signatures. I apologize further delaying the delivery of these documents to you due to my absence due to ill If you have any questions please call me at 434-2808.