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HomeMy WebLinkAbout2018-01-09; City Council; ; Adopt a Resolution approving a Professional Services Agreement for the preparation of construction plans, specifications, cost estimates, and environmental permits with GCA Review lf1 (i) S��fiR�port Meeting Date: To: From: Staff Contact: Subject: Jan. 9, 2018 Mayor and City Council Kevin Crawford, City Manager Emad Elias, Assistant Engineer emad.elias@carlsbadca.gov or 760-602-7558 Adopt a Resolution approving a Professional Services Agreement for the preparation of construction plans, specifications, cost estimates, and environmental permits with GHD, Inc. for an amount not to exceed $500,000 for the Carlsbad Boulevard Beach Access Repairs from Pine Avenue to Tamarack Avenue, Project No. 3896. Recommended Action Adopt a Resolution approving a Professional Services Agreement for the preparation of construction plans, specifications, cost estimates, and environmental permits with GHD, Inc. for an amount not to exceed $500,000 for the Carlsbad Boulevard Beach Access Repairs from Pine Avenue to Tamarack Avenue, Project No. 3896 (Project). Executive Summary This action authorizes the execution of a Professional Services Agreement {Agreement) for the permitting and design of the necessary repairs to the sidewalk, beach access stairways, and seawall along the west side of Carlsbad Boulevard between Pine Avenue and Tamarack Avenue. The repairs are needed to maintain this beachfront section of Carlsbad in a safe and attractive condition for the thousands of daily users. Discussion City staff has completed a structural evaluation of the sidewalks, stairways, and seawall along Carlsbad Boulevard between Pine Avenue and Tamarack Avenue. The structural evaluation identified the types and locations of the needed repairs. On June 28, 2017, the city requested Statements of Qualifications (SOQs) for permitting and engineering design services for the Carlsbad Boulevard Beach Access Repairs Between Pine Avenue to Tamarack Avenue, Project No. 3896. On Aug. 11, 2017, six SOQs were received and a selection committee composed of city staff reviewed and evaluated the submittals. The SOQs were evaluated on the quality of each consultant's experience related to the Project specific elements, performance of similar work, ability to provide the services, and quality of the written response. Based on a review of the SOQs and the negotiation of an acceptable scope of work and fee, in accordance with the city's Purchasing Policies and Procedures Manual, staff recommends awarding the Agreement for the preparation of construction plans, specifications, cost January 9, 2018 Item #3 Page 1 of 27 estimates, and environmental permits to GHD, Inc. in an amount not to exceed $500,000 over the initial three year term . Fiscal Analysis Funding for the Project is available from the General Capital Construction Fund. Remaining funds will be used by staff for project management and for the construction phase of the Project. The following table shows the funding for the Project. CARLSBAD BOULEVARD BEACH ACCESS REPAIRS FROM PINE AVENUE TO TAMARACK AVENUE, PROJECT NO. 3896 Current Appropriation -General Capital Construction Fund $3,070,000 Current Expenditures/Encumbrances $0 TOTAL AVAILABLE FUNDS, PROJECT NO. 3896 $3,070,000 Design Engineering-GHD, Inc. $500,000 Project Management -City Staff (estimated) $100,000 ESTIMATED DESIGN COST $600,000 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps Staff will work with GHD, Inc. to prepare the construction plans, specifications, cost estimates, and environmental permits as needed to advertise fo r construction bids. Staff will return to City Council for approval of the plans and specifications and authorization to advertise for construction bids . Environmental Evaluation (CEQA) This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15301(d) -Existing Facilities -restoration or rehabilitation of existing facilities that are deteriorated or damaged and are required to meet current standards of public health and safety involving negligible o r no expansion of use . Public Notification This item was noticed in accordance with the Ralph M. Brown act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. During the development of the Project, a public outreach program may be conducted. During the construction phase there will be public notifications through a variety of methods including changeable message signs, door hangers, letters and other correspondence with residents as appropriate. Exhibits 1. Resolution approving a Professional Services Agreement fo r the preparati on of construction plans, specifications, cost estimates, and environmental permits with GHD, Inc. for an amount not to exceed $500,000 for the Carlsbad Boulevard Beach Access Repairs from Pine Avenue to Tamarack Avenue, Project No. 3896. 2. Location Map. January 9, 2018 Item #3 Page 2 of 27 RESOLUTION NO. 2018-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF CONSTRUCTION PLANS, SPECIFICATIONS, COST ESTIMATES, AND ENVIRONMENTAL PERMITS WITH GHD, INC. FOR AN AMOUNT NOT TO EXCEED $500,000 FOR THE CARLSBAD BOULEVARD BEACH ACCESS REPAIRS FROM PINE AVENUE TO TAMARACK AVENUE, PROJECT NO. 3896. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary and in the public interest to repair and maintain the beachfront facilities along Carlsbad Boulevard; and WHEREAS, under Carlsbad Municipal Code section 3.28.060, the Department of Public Works solicited Statements of Qualifications (SOQs) from consultants for the preparation of construction plans, specifications, cost estimates, and environmental permits for the Carlsbad Boulevard Beach Access Repairs from Pine Avenue to Tamarack Avenue, Project No. 3896 (Project), and received a total of six SOQs from qualified consulting firms; and WHEREAS, subsequent to a review of the SOQs, GHD, Inc. has been identified as the most qualified consultant for the Project; and WHEREAS, staff and GHD, Inc. have negotiated the scope of work and the associated fee in an amount not to exceed $500,000 to provide professional services; and WHEREAS, $3,070,000 in Infrastructure Replacement Fund funding has previously been appropriated for the Project. NOW, THEREfORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mayor is authorized and directed to execute the Professional Services Agreement with GHD, Inc. for an amount not to exceed $500,000 for the Carlsbad Boulevard Beach Access Repairs from Pine Avenue to Tamarack Avenue, Project No. 3896 which is attached hereto as Attachment A. January 9, 2018 Item #3 Page 3 of 27 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2018, by the following vote, to wit: AYES: Hall, Blackburn, M. Schumacher, C. Schumacher, Packard. NOES: None. ABSENT: None. {SEAL) January 9, 2018 Item #3 Page 4 of 27 TRAN1651 AGREEMENT FOR ENGINEERING SERVICES FOR BEACH ACCESS REPAIRS ALONG CARLSBAD BLVD. FROM PINE AVE. TO TAMARACK AVE. GHD, INC. THIS AGREEMENT is made and entered into as of the l O ~ day of J d V\V\.e\~ , 20J1, by and between the CITY OF CARLSBAD, a municipal corporation, ("City")~ GHD, Inc. a California Corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in engineering and environmental analysis. B. Contractor has the necessary experience in providing professional services and advice related to engineering and environmental analysis. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eight hundred fifty (850) days from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed Five Hundred Thousand dollars ($500,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the City Attorney Approved Version 9/27/17 January 9, 2018 Item #3 Page 5 of 27 contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally ·. requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election , City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship betwee n any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontra ctors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of thi s Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services . 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, offi cials, employees and volunteers from and against all claims , damages, losse s and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness , or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for wh ose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employe e under th e City's self-administered workers' City Atto rn ey A pprove d Version 9/27/17 2 January 9, 2018 Item #3 Page 6 of 27 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI I"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage , as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional ins~red. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single -limit p er occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides , to City's satisfaction, a declaration stating this . 11.1.4 Professional Liability . Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000 ,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work . 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be name d as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2 .2 Contractor will obtain occurrence coverag e, excluding Professio nal Liability, which will be written as claims-made coverage. City Attorn ey A pprov ed V ersion 9 /27/17 3 January 9, 2018 Item #3 Page 7 of 27 Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7558 TRAN1651 Phone No. 949-648-5262 Email robert.sherwood@ghd.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes~ No D 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned City Attorney Approved Version 9/27/17 5 January 9, 2018 Item #3 Page 9 of 27 by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deducf from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement , Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et se q., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litlgation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City , which shall not be unreasonably withheld. City Attorney Approv ed V ersion 9/27/17 6 January 9, 2018 Item #3 Page 10 of 27 TRAN1651 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR GHD, Inc. a California Corporation G/l.8:, WA-!ftt.JAB-C: V/t:=E /:tZ.Gs-/Z>e-"'r (print name/title) By: _j,~ --c: \ (sign here) \ ~. ""D If N~ ~N;)LA-'-\ S,-s< .. JlL1-tn\ (print name/title) ) CITY OF CARLSBAD, a municipal corporation of the State of California Ma H II Mayor ATTEST: Barbara City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~ Deputy City Attorney City Attorney Approved Version 9/27/17 7 January 9, 2018 Item #3 Page 11 of 27 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. City Attorney Approved Version 9/27/17 8 January 9, 2018 Item #3 Page 12 of 27 ENGINEERIN G SERV ICES FOR BEACH AC CESS REPAIRS ALONG CARLSBAD BOUL EVARD FROM PINE AVE TO TAMARACK AVE ~ i Jl!I¥.II ~ t f ll ;f!il ·;·~·r # i J If~ j i i • ¥ i : : i 1 . 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