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HomeMy WebLinkAbout1987-05-05; City Council; Resolution 90541 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KELTNER AND ASSOCIATES, INC. FOR THE CARLSBAD BOULEVARD IMPROVEMENTS, PHASE 11, PROJECT NO. 3205 AND APPROVING A TRANSFER AND APPROPRIATION OF PROJECT FUNDS. WHEREAS, proposals have been received by the City of Carlsbad for the design and modification of the Carlsbad Boulevard Improvements, Phase 11; and WHEREAS, the firm of Keltner and Associates, Inc. has been selected to perform the required design modifications in the amount of $41,230; and WHEREAS, funds are currently available in account Nos. 152-820-1840-3205 and 190-820-82-02-3205 for the design of the project; and WHEREAS, unappropriated and available funding for said project requires appropriation to enable the project to continue with design and construction; 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 an agreement between the City of Carlsbad and Keltner and Associates, Inc. for the design and modification of the Carlsbad Boulevard Improvements, Phase 11, a copy of which is hereto marked "Exhibit 3" and made a part hereof, is hereby accepted. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for an on behalf of the City of Carlsbad. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The Consultant fee of $41,230 by Keltner and Associates, Inc. for the design and modification of the Carlsbad Boulevard Improvements, Phase I1 is hereby accepted. 5. That funds in the amount of $233,309 from project No. 3169 for the Carlsbad Boulevard Storm Drain are hereby transferred and appropriated to the Phase I1 project account No. 3205. 6. That funds in the amount of $564,960 representing the City's available FAU and allocated 1987 Federal Highway Act funds, five year program, are hereby appropriated in the project account No. 3205 for the design and construction of Carlsbad Boulevard, Phase 11. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of May. Y 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson ATTEST: (SEAL) CLAUDE A. L'EWIS, Mayor G AGREEMENT FOR REVISIONS OF PLANS AND SPECIFICATIONS FOR CARLSBAD BOULEVARD IMPROVEMENTS, PHASE I I day THIS AGREEMENT, made and entered into as of the of 9 19 9 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Keltner and Associates, Inc., hereinafter referred to as "Consultant." RECITALS City requires the services of Keltner and Associates, Inc. to provide the necessary engineering services for preparation of final plans and specifications for the Carlsbad Boulevard Improvements, Phase 11; 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 6 Revise the Carlsbad Boulevard, Phase XI improvement plans and prepare complete plans and specifications as outlined in Exhibit laAa', attached hereto and made a part of. 2. CITY -OBLIGATIONS The City shall provide: a. Existing improvement plans and specifications for Carlsbad Boulevard, Phase I I. -2- b. Blank mylars. c. Available hydrology and hydraulic studies. d. Existing notes for centerline control. e. Specifications for the street lights and trees. f. Permits from State and Federal agencies, i.e., Coastal Permit. 9. Negotiate with property owners or preparation of supporting exhibits and documents where conflicts exist. 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 one hundred (100) 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 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. L 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $41,230.00. 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 a. Payment of fees shall be based on time and materials as billed monthly. ->- b. All consultant invoices shall be supplemented with the supporting documents to reflect actual time spent and personnel utilized for the services. 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 mylars at scale of the drawings reproducible on standard 24'' by 36" sheets. Blank mylars will be provided by the City. b. All final engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer. 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 outlinimg 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 -4- the Project Manager 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 the State Department of Transportation's Standard Specifications, 1984 edition. 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 Cdnsultant 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 war,ranty, 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. IO. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. * '. -5- 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 Project Manager. The Project Manager 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. 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 que,stions, 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 Project Manager. 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 Project Manager or principal receiving the letter shall reply to -6- 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 the Carlsbad Boulevard Improvements, Phase I1 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. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the o,ther 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 . .. -7- 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. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consu1,tant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. .. 16. CONFORMITY TO LEGAL REQUIREMENTS -8- 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. 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 intentional or negligent acts, errors or omissions 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 -9- 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. 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 - 10 - supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly 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 provisisns 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. - 11 - 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. KELTNER AND ASSOCIATES, INC. CITY OF CARLSBAD: - Title APPROVED AS TO FORM: ATTESTED: RRA City Clerk WORK TO BE DONE ---- ,. A. Field Survey 1. Research existing City and State records for property line and survey control. 2. Establish aerial control points for topographic mapping at 1" = 40', 400' in width, 0.9 miles long, 3. Cross section existing pavement as necessary to supplement aerial survey and establish existing edge of pavement elevations. 4. Compile field notes and data for Basis of Design. B. Right-of-way Delineation 1. Review existing tax plats and tax rolls. 2. Review title reports and existing encumbrances. 3. Prepare complete plat of coordinate control, existing property lines. 4. Establish limits of existing right-of-way and easements for slope rights and drainage. 5. Compile tabulation of right-of-way take area for each ownership. 6. Prepare plats and legal description for slope rights acquisition. C. Plans and Specifications 1. Coordinate relocation design for existing utilities and other encroachments, such as electric poles, fences, etc, t 2. Review existing culvert design and extend system where necessary to accommodate increased street width. 3. Prepare construction phase sequence and detail plan with safety considerations, traffic control and returns. 4. Prepare slope protection and median landscape plans with flood lighting for palm trees. 5. Prepare cost estimate, EXH I BIT "A" 18 6. One hundred (100%) submittal to City including, 10 sets of plans and right-of-way documents, specifica- tions and cost estimate. 7. Prepare construction specifications and special provisions. 8. Prepare bidders check list and construction submittal list. I v. BUDGET A. B. (Not-to-Exceed Fee Proposal) Preliminary Phase 1. Research $ 1,090.00 2. Field Control and Cross Sections 2,730.00 3. Top0 - 40 Scale - 1' Contours 4,000.00 4. Review Title Reports, Existing Mapping and Utilities 1,000.00 5. Meetings, Conferences, Contract Administration 1,240.00 Subtotal $10,060.00 Design 1. 2. 3. 4. 5. 6. 7. 8. Design and Redraft Existing 7 Sheets Each $12,450.00 Stripping Plan 1,150.00 Traffic Control and Detour Plan 2,000.00 Modify Existing Sheets for Drainage - 6 Each 3,400.00 Revise Specifications 2,320.00 Slope Rights Description and Plat 1,500.00 Quantity and Cost Estimates 2,150.00 Landscape and Lighting Plans 6,200.00 Subtotal $31,170.00 Grand Total $41,230.00 .... . VI. SCHEDULE We presently have no contractural commitments for any major project in this time frame. Our anticipated work load is light. Current work is due for bidding in January 1987. Except for construction supervision, we are expecting a work slow down in the design and drafting area. We will be able to refuse additional work if scheduling should become a problem. It is proposed that the design work be completed according to the following schedule: Phase I Topo - Survey Research and Field Survey Phase I1 Right-of-way Delineation Phase I11 Final Plans and Specs Total All Phases 5 weeks Included 8 weeks 13 Weeks* * Approved plan must be ready for bid opening by June 31, 1987. I . HOURLY CHARGE RATES ................................................................. PERSONNEL CHARGES CHARGES FOR PERSONNEL ENGAGED IN PROFESSIONAL AND/OR TECHNICAL WORK ARE MADE FOR THE ACTUAL HOURS DIRECTLY CHARGEABLE TO THE PROJECT. (TERMS: NET 30 DAYS) (CURRENT RATES BY CLASSIFICATION ARE LISTED BELOW) OFFICE SERVICES TECHNICAL TYPING..................................$3O.OO/hK DRAFTSPERSON ...................................... $32.00/hK ASSISTANT ENGINEER.............~.~~........o~~~~~~$~~~OO/hr ASSOC. ENGINEER/ASSOC. PLANNER..,......,..........$5~.00/hK SENIOR ENGINEER/SENIOR PLANNER...*.....oo..***o***$75*OO/hr PRINCIPAL ENGINEER,,,.........*ooo*eo*oo..*.oooo*o$8OoOO/HR JUNIOR DRAFTSPERSON............................oo*$22.OO/hK . SENIOR DRAFTSPERS0N/1NSPECT0R/ENG1NEER.....,......$~~.00/h~ COMPUTER/DESIGN DRAFTSPERSON/PLANNER..,...........$~~.OO/~~ FIELD SERVICES: THREE-MAN FIELD PARTY ....................... $145.00/hr TWO-MAN FIELD PARTY .................... .0...$104.00/hr CHIEF OF PARTY/SENIOR INSPECTOR..............$ 60.00/hr MATERIAL AND OUTSIDE SERVICES: - SUBCONTRACTORS, RENTAL OF SPECIAL EQUIPMENT, SPECIAL REPRODUCTIONS AND BLUEPRINTING, OUTSIDE DATA P,ROCESSING AND COElPUTER SERVICES, ETC. WILL BE CONSIDERED "EXTRA WORK" ITEMS AND WILL BE CHARGED AT 1-10 TIMES THE DIRECT COST. TRAVEL EXPENSES MILEAGE IS REIMBURSED AT $0.25 PER MILE. PER DEIM WHERE REIMBURSED AT DIRECT COST. OVERNIGHT STAY IS INVOLVED $~O.OO/DAY. LODGING' IS SUBJECT TO REVISION ANNUALLY REVISED - AUGUST 1, 1986