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HomeMy WebLinkAbout1986-08-26; City Council; Resolution 87681 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 RESOLUTION NO. 8768 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BSI CONSULTANTS, INC. FOR THE DESIGN OF IMPROVEMENTS TO ELM AVENUE EAST OF EL CAMINO REAL The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and BSI Consultants, Inc., for the design of improvements to Elm Avenue east of El Camino Real, a copy of which is attached (Attachment A) and made a part hereof , is hereby approved. 2. That the Mayor of the City of Carlsbad, California, is hereby and directed to execute said agreement for and on behalf of the authorized City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 26th day of August , 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None ALETHA L. RAUTENKRANZ, City Clerk (SEAL 3 AGREEMENT FOR THE DESIGN OF IMPROVEMENTS TO ELM AVENUE EAST OF EL CAMINO REAL THIS AGREEMENT, made and entered into as of theyday of , 19& , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City ,'I and BSI Consultants, Inc., hereinafter referred to as "Consultant." + RECITALS City requires the services of Consultant to provide the necessary architectural/engineering services for preparation of final plans and specifications for Elm Avenue Improvements east of El Camino Real; and Consultant possesses the necessary skills and qualifications 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. CONSULTANT'S OBLIGATIONS A. Preliminary Phase - 50% 1) Confer with the City Municipal Projects and Traffic Engineering divisions to determine the general extent and requirements of the project. -2- 2) Gather the necessary information for the design. Perform the necessary survey work. Perform initial right-of- way investigation, procure preliminary title reports, and investigate existing utilities. 3) Prepare the preliminary design. After approval of the preliminary design by the City, confer with any affected utilities. 4) Outline the special provisions (General, Materials, and Work). The City uses the Standard Specifications for Public Works Construction (Green Book) as its standard specifications. 5) Prepare a preliminary Engineer's estimate. Approval of the above work by the City of Carlsbad Municipal Projects Manager constitutes the end of the preliminary phase. B. Design Phase - 40% 1) Continue to confer with the City and maintain contact with affected utilities. 2) Draw the final, detailed contract drawings on City supplied mylars. 3) Write and complete the special provisions. Include these with the contract documents per City standards. 4) Prepare an engineer's estimate of construction cost. 5) Draw the necessary legal descriptions and deeds for right-of-way and provide the accompanying title reports. 6) Negotiate acquisition of required right-of-way with property owners. If it is necessary to acquire the parcel through condemnation, provide appraisal report, offer forms and Statement of Just Compensation and present them to the owner as required by the government code. 7) Provide full landscaping design and include replacement of similar plant material and a new irrigation system. 8) Supply five (5) sets of plans and specifications for final review of the City. After the City Engineer signs the plans, provide 50 sets to the City for bidding. 9) Attend the pre-bid meeting and assist in the advertising and award process as required. IO) Present to plans to the City Council. Council approval of plans and specifications represents the end of the design phase. C. Construction Phase - 10% 1) Consult with and advise the City during construction. Write memos and/or provide sketches to resolve problems or contractors' questions regarding the plans and specifications. 2) Review shop drawings and paving mix designs submitted by the contractor. 3) Review soil tests and structural section recommendations provided by the City's soils engineer. -4- 4) Attend the preconstruction meeting and answer questions regarding the plans and specifications. 5) Make periodic site visits and make appropriate reports and/or recommendations to the City’s project manager and inspector. 6) Make a final inspection of the site with City personnel. Acceptance of the project by the City Council constitutes the end of the construction phase and the contract. 2. D. Provide written progress reports every two weeks until the end of the design phase. CITY OBLIGATIONS The City shall: A. Supply mylar drafting film as required for above work. B. Provide two (2) copies of the soils report for the project. C. Meet with the Consultant as described in the above work. D. Initiate and process any required environmental documents or permits. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (IO) days after receipt of notification to proceed by the City and be completed within ninety (90) days of that date. Extensions of time may be granted if requested by the Consultant and agreed to 7 -5- 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 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 The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $22,250. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be as follows: A. Fifty precent ($11,125) at the completion of the Preliminary Phase of the work as described in Paragraph 1, Consultant's Obligations. B. Forty percent ($8,900) at the completion of the Design Phase of the work as described in Paragraph 1, Consultant's Obligations. C. Ten percent ($2,225) at the completion of the Construction Phase of the work as described in Paragraph 1, Consultant's Obligations. 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: -6- A. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. Blank mylars will be provided by the City. 8. All final engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer and/or Registered Landscaped Architect, as appropriate. C. Signed right-of-way deeds, ready for recording. D. Original Special Provisions. E. Fifty (50) sets of plans and specifications (contract documents with special provisions). F. Engineer's estimate of construction costs. 7. CHANGES 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 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 -7- 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. COVENANTS 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 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 this agreement. For breach or violation of this warranty, the City shall have 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. -8- IO. NONDISCRIMINATION 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. Final payment shall be in compliance with the Code of Fe de r a1 Regulations. 12. DISPUTES 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 -9- 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 (IO) 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 Elm Avenue Improvements east of Elm Camino Real and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number, (or Landscape Architect's registration number). 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may 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 - 10 - 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 REQUIREMENTS 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 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. - 11 - 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. 18. HOLD HARMLESS 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 represent at ives. 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 due, or arises out of, solely to the City's negligence. - 12 - 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. 20. SUBCONTRACTING 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 architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly - 13 - interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, 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. 23. SUCCESSORS OR ASSIGNS 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. - 14 - 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. BSI CONSULTANTS, INC. CITY OF CARLSBAD: APPROVED AS TO FORM: ATTESTED: City Clerk i7