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HomeMy WebLinkAbout1986-01-28; City Council; Resolution 83651 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2% 22 24 25 26 27 28 RESOLUTION NO. 8365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXECUTION OF THE CONSULTANT AGREEMENT FOR THE DESIGN OF THE LA COSTA WIDENING AND THE LA COSTA/I-5 INTERSECTION IMPROVEMENTS The City Council of the City of Carlsbad, Caliifornia, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Willdan Associates for engineering services a copy of which is attached as EXHIBIT "A" and incorporated herein by reference is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad City Council held on the 28th _day Of January , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: f42ktkR- ALETHA L. RAUTENKRANZ , Citywlerk (SEAL) 3 AGREEMENT FOR ENGINEERING SERVICES d aY THIS AGREEMENT, made and entered into as of the - of J 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and WILLDAN ASSOCIATES, hereinafter referred to as “Consultant.” RECITALS City requires the services of an engineering consultant to provide the necessary engineering services for preparation of final plans and specifications for La Costa Avenue/I-5 Intersection Improvements (CIP # 3218), and for La Costa Avenue Widening (CIP # 3208); and Consultant possesses the necessary skills and qualifi- cations to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. C,ONSULTANT’S OBLIGATIONS \ Scope of Work: The scope is in two parts: Part A consists of contract plans, specifications, and estimate for construction of the intersection improvements described below; and Part B consists of contract plans, specifications and estimate for construction of La Costa Avenue from 1-5 to El Camino Real. Part A: The Consultant shall prepare the plans, specifications, and bid documents for the widening of La Costa Avenue east and west of Interstate 5 for a distance not to exceed l/.Q-mile. Included in this widening project are the design of new traffic signals and the improvements of the existing on and off ramps to accommodate this widening. Part B: The Consultant shall prepare the plans, specifications and bid documents for the widening of La Costa Avenue between El Camino Real and Interstate 5. Procedures: The Consultant shall submit two complete civil design packages, each of which shall consist of the following: 1. Design documentation including a discussion of any specific design criteria and/controls; cross-section and profile worksheets, structural calculations, and other documentation utilized in the final project design; 2. Design survey data; 3. All utility facilities impacted by the project; 5 e -3- 4. A complete set of originals in ink on mylar construc- t ion plans including alignment cross-sections, 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. profile, details, etc.; plans shall be 1" = 20' or 1'' = 40' scale, as dictated by City Standards; Caltrans permit; Fish and Game permit; Coastal Commission permit; Construction specifications and all bid documents; A list of bid items, a detailed quantity takeoff, and Engineer I s Estimate; Fifty (50) sets of the final, signed plans and speci- f ications; An Agenda Bill (in the format acceptable to the City) requesting City Council approval of the P,S & E and calling for construction bids; Notices for publication in local papers along with a legal notice for publication; A review of all bids received. Following a mathema- tical check of the bids and background check on the apparent low bidder, a recommendation for award in the form of an Agenda Bill will be made to the City Engineer; Right-of-way services to be identified during the project by the City; 0 -4- 15. Project Management services incidental to and in support of the project; and 16. Environmental assessment evaluation and documentation, including the Environmental Checklist Form, the Application for Environmental Initial Study, and Environmental Impact Review; if needed for each of these projects, 2, CITY OBLIGATIOYS The City shall: A. Make available upon request any existing as-built plans, survey data, right-of-way easements, and City Standards in its possession. B. Supply blank mylar sheets (with City title block and borders) necessary for these projects. C. Provide copies of the Engineering Soils Reports for these projects, D. Provide review of Consultant's submittals in accordance with an agreed upon schedule, 3. PROGRESS, AND. COMPLET-ION The work under this Contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within one hundred fifty (150) days of that date, Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays 7 -5- not caused-by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT I The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $30,000.00 for Part A and $95,000.00 for Part Bo No other compensation for services will be allowed except those items covered by supplemental agreements per Para-graph 7, "Changes in Work" . 5. PAYMENT OF FEES Final payment of fees shall be upon delivery of approved final documents. Monthly progress payments may be made based upon satisfactory evidence that the work is progressing satisfac- torily as determined by the City's Project Manager. 6. FINAL* SUBMISSIONS Within fifteen (15) days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: A. Original mylar(s) signed by a registered civil engineer, drawings and specifications. B. All final engineering certifications and documents, survey notes and other working documents. 7. CH,ANGES IN WORK If, in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of -6- the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or city shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 9. CO-VENANTS- AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or -7- person, other than a bona fide employee, any fee, commission, percentage, contingent agreement . shall have brokerage fee, gift, or any other consideration upon, or resulting from, the award or making this For breach or violation of this warranty, the City the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. NONDISCRIMINATI.ON. CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF ,CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. Federal Regulations. Final payment shall be in compliance with the Code of -8- 12. DISPUTES I If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of designing and drawings for La Costa Avenue Improvements and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all -9- designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number. 14. SUS,PENSION OR TERMINATION OF. SERVICES This agreement day be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to city. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 15. STATUS OF ,THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 16 . CONFORMITY TO LEGAL ,REQUIRE-MENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary - 10 - supporting -documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies, 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 1 8 , HOLD H,ARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act-or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is 13 m - 11 - due, or arises out of, solely to the City's negligence. The Consultant agrees to otain and maintain in effect errors and omissions insurance in the amounnt of $2,000,000. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 2 0. S-UBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any r architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the -'. - 12 - construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, enqineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 2 3. SUCCESSORS OR ASS-I,GNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 2 5. CONFLICT 9F- INTEREST The Consultant shall file a Conflict of Interest Statement - 13 - with the Gity Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES CITY OF CARLSBAD: L MARY H. CASLER, Mayor -- APPROVED AS TO FORM: ATTESTED: --__._ .-.L- - VINCENT F. BIONDO, '3%. ALETHA L. RAUTENKRANZ City Attorney City Clerk