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