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HomeMy WebLinkAbout1987-06-16; City Council; Resolution 9115* i 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 RESOLUTION NO. 9115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, AWARDING CONTRACT NO. 3215, AND APPROVING A CONSULTANT AGREEMENT FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS TO LA COSTA AVENUE AND EL CAMINO REAL, PROJECT NO. 3295 WHEREAS, bids have been received by the City of Carlsbad for the construction of intersection improvements to La Costa Avenue and El Camino Real, Project No. 3215; and WHEREAS, the low bid received for said project was submitted by R. E. Hazard Contracting Company in the amount of $678,838; and WHEREAS, sufficient funds are available in account No. 133-820-1840-3215 for this project; WHEREAS, it is desirable and in the public interest to award a consultant agreement to provide resident inspection and landscaping supervision services for said 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 bid of $678,838 by the R. E. Hazard Contracting Company for the construction of the intersection improvements to La Costa Avenue and El Camino Real, Project No. 3215, is hereby accepted and the Mayor and City Clerk are hereby authorized to execute a contract thereafter. 3. That the Mayor and City Clerk are hereby authorized to execute the consultant agreement with Willdan Associates for /// / // 1 2 3 4 5 6 7 8 9 10 11 3.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 resident inspection and landscaping supervision services attached hereto and incorporated by reference herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of June 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: (SEAL) AGREEMENT FOR CONSTRUCTION INSPECTION AND LANDSCAPE SUPERVISION SERVICES THIS AGREEMENT, made and entered into as of the day of , 1987, 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 a Construction Inspection and Landscape Consultant for the inspection and supervision of the City's Carlsbad La Costa Avenue and El Camino Real project, including accompanying mitigation efforts, under the direction of the Municipal Projects Oepartment of the City; 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 The Consultant shall: A. Provide construct ion inspection and landscape supervision for the City's La Costa Avenue and El Camino Real project, No. 3215, and the La Costa Avenue Mitigation project, No. 3233, hereafter referred to as the "projects", under the direction of the Municipal Projects Department of the City. -2- 6. Act as liaison between utility agencies, citizens and City staff as related to the projects. C. Coordinate and implement project and traffic safety. D. Attend such meetings of public or private groups as may be required in conjunction with the projects. E. Be "on-call" and on the project sites during all phases of the construction of the projects until the projects are completed and accepted by the City of Carlsbad, through and to include the "as-built" plans submittal and approval. F. Maintain a schedule of days and hours of availability during all phases as work is in progress and maintain complete vigilance of the projects. G. Provide all personal transportation during the course of this agreement. H. Maintain automobile, bodily injury, and property damage liability insurance covering owned, non-owned, rented and hired automobiles and other vehicles; the combined single limit for bodily injury and property damage shall not be less than $300,000. I. Provide the City with additional qualified construction inspectors, if requested by the City of Carlsbad. 2. CITY OBLIGATIDNS Under the general direction of the Municipal Projects Department and subject to the provisions of Section 9 of this agreement, the City shall: A. Set the schedule of days and hours Consultant shall work, however, using its best effforts to consider the needs of Consultant in setting such hours. 7 -3- E. Make available to Consultant all records, reports, and other documents deemed necessary by Consultant to properly perform the services required by the City, 3. CONSULTANT COMPENSATION A. Under the general direction of the Municipal Projects Department and subject to the provisions of Section 9 of this agreement, the City shall compensate Consultant for inspection services only in accordance with the terms, conditions, and services as outlined in the proposal dated December 16, 1986, which is attached hereto and incorporated by reference herein, performed under Article 1 above, at a rate of $48.00 per hour. Said compensation shall be expressly limited to time actually at the office, on the project site, or in the field on behalf of the City of Carlsbad. B. Under the general direction of the Municipal Projects Department and subject to the provisions of Section 9 of this agreement, Consultant shall provide to City landscape supervision services only for the La Costa Avenue Corridor Mitigation Project, No. 3233, in accordance with terms, conditions, and services as outlined in the proposal dated April 27, 1987, which is attached hereto and incorporated by reference herein. City shall compensate Consultant in accordance with said proposal a lump sum fee of $5,000. C. Lt is understood by the parties to this agreement that the aforementioned hourly rate shall be considered to be the compensated rate for the duration of the project. The Consultant warrants that no adjustments in hourly rate shall be requested during the term of this agreement. -4- D. Transportation shall be provided by the Consultant and no additional compensation shall be paid by City to Consultant for transportation to or from home to work place or for field trips within the City on behalf of the City of Carlsbad. E. Additional expenses related to this agreement for meetings outside the limits of the City, transportation, meals, etc., shall be reimbursed by the City on the basis of actual cost where specifically approved in advance by the City and upon submission of itemized invoices to the City of Carlsbad. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid by City within twenty (20) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Section 3D of this agreement shall be made in accordance with existing City reimbursement po 1 i c ies. 5. COVENANTS AGAINST CONTINGENT FEES ~- ~~ ~- ~ The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide 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 bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or any other consideration contingent upon, or 3 -5- resulting from the award or making of 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 consultant fee. 6. NON-DISCRIMINATION CLAUSE The Consultant shall comply with state and federal ordinances regarding non-discrimination. 7. TERMINATION OF CONTRACT In the event of the Consultant's failure to execute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for non-performance by notifying the consultant by certified mail of the termination of the contract. The City will give 30 days notice, the Consultant, thereupon, will deliver all documents owned by the City and all work in progress to the Municipal Projects Department, of the project in progress, who shall make a determination of fact based upon the documents delivered to the 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 federal regulations. 8. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedures shall be used to -6- 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 project manager for the Municipal Projects Department. 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's representative 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 Manager for resolution. The City Manager may then opt to consider the directed solution to the problem. In such cases, the action of the City Manager shall be binding upon the parties involved although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 9. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services only, including construction, inspection and construction management of assigned projects, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations consultant may make in the course of the project(s). -7- 10. 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, upan request of the City, the Consultant shall assemble all City documents in the Consultant's possession and put the same in order for proper filing and closing and deliver said documents to the City. In the event of termination, the Consultant shall be paid for work performed to the termination date. 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 codes of federal regulations. 11. 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 the direction and control of the project manager and/or Municipal Projects Manager only as to the assignment of tasks, the result to be accomplished and the personnel assigned to the project. The Consultant shall consult with the City as necessary to ensure compliance with this agreement. 12. OWNERSHIP OF-DOCUMENTS All plans, studies, sketches, drawings, correspondence, copies of 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 -8- documents, plans, specifications, drawings, copies of reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the documents for his records. 13. 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. 14. HOLD HARMLESS AGREEMENT: CITY 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 due, or arises out of, solely to the City's negligence, 15. 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 e L. -9- architectural, engineering inspection, construction or material 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 contrat or any part thereof. 16. 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. 17. SUCCESSORS OR ASSIGNS 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. 18. CONFLICT -OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report income investments or interests in real property. - 10 - 19. TERM OF CONTRACT In accordance with Section IE, the term of this agreement shall run through completion of the aforementioned projects. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES: CITY 0-F CARLSBAD: DAVID M. ASHLEY, Division Mgr. ATTESTED: ALETHA L. RAUTENKRANZ City Clerk December 16, 1986 Mr. John Cahill Municipal Projects Manager CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear John: Willdan Associates is pleased to offer our construction management/resident engineering services to the City of Carlsbad in connection with the construc- tion of the La Costa Avenue/El Camino Real intersection improvement project and related mitigation program. These services were incorporated into our original proposal for the project with the provision that should they be re- quested by the City a fee would be negotiated. As these will be high profile projects for the City, we understand the need for close construction monitoring through the efforts of a thoroughly qualified resident engineer. This person needs to be familiar with not only the con- struction details, but also the management aspects of the project, as opposed to subdivision work where the City's efforts are directed primarily at main- taining public safety and assuring improvements are constructed in accordance with the approved plans. A Capital Improvement Project involves a consider- able number of additional areas of emphasis, including maintaining proper schedules, payment provisions, and addressing potential contract change orders. The resident engineer should also be able to communicate effectively with both the contractor and City staff so that smooth relationships can be maintained to benefit the project as a whole. To to for address the needs of this project, we propose to assign Mr. Bob LeNeve Bob is currently working on a number of inspection projects the City, primarily the Rancho Santa Fe Road widening program. Since this project will be wrapping up in the next month or two, it would be an ideal time to assign Bob this project, particularly with his familiarity with the City's construction observation procedures and practices. the project. Mr. LeNeve has over 32 years experience in construction in San Diego County. As a Registered Civil Engineer, he spent approximately 28 years with CALTRANS working in all facets of the agency's operation. His field experience includes 20 years working both as construction inspector and in the materials testing area. As a construction observer for Willdan Associates, he performed construction managementlresident engineer activities for the public improvements surrounding the North County Faire project in the City of Escondido. This project involved the widening and relocation of Via Rancho Parkway adjacent to Interstate 15, as well as numerous storm drain 6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1 19" December 16, 1986 Letter to John Cahill CITY OF CARLSBAD Page Two and underground utility lines. Since starting in Carlsbad, Bob has been involved with inspection for the Carlsbad Boulevard Bridge approach improve- ments, Rancho Santa Fe Road widening project, and several subdivisions in the vicinity of Rancho Santa Fe Road. A copy of Bob's resume is attached for your reference. Since this project involves the mitigation program which is extremely sensitive from a biologic standpoint, we would coordinate and supplement Bob's activi- ties with the mitigation monitoring program previously proposed by Westec Services. With respect to the specific scope of services, we propose to maintain a construction manager/resident engineer on a full-time basis throughout the life of the project. The scope of services would include, but not necessarily be limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. Provide construction observation services for all elements of work in- cluding streets, drainage, traffic signals, grading , and relandscaping program. Coordinate testing and survey activities, as required, and act as liaison between the contractor and the City. Provide overall project administration, acting as required, on behalf of the City. Review and recommend approval of progress payment requests. Review and maintain files of contractor's wage and employment records and report, as required. Review and recommend approval of contract change orders. Provide constant coordination with the City, permitting agencies, and utility companies affected by the construction. Perform final inspections and make recommendations for acceptance by the City. Maintain appropriate daily logs of inspection activities and prepare the necessary final reports and notices. December 16, 1986 Letter to John CahiII CITY OF CARLSBAD Page Three With respect to the fee for services, we propose to complete the project on a hourly rate basis, Our proposed fee is $48.00 per hour, which includes the full cost for Bob's services, along with incidental costs including his truck, and inspection equipment. We appreciate the opportunity to be of continuing service to the City of Carlsbad and are committed to providing a quality and responsive service on this project. Very truly yours, WILLDAN ASSOCIATES n --&- Robert M. Sergeant Division Manager RMS: sf LP 86-244 .- &DAN ASSOCIATES 0 EN 6 INEERS & PLANNERS April 27, 1987 Mr. John Cahill CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA. 92009 Subject: Field Inspection of Planting E Irrigation Work for La Costa Corridor Mitigation Project Dear John: In accordance with your request, following is our proposal to provide supplemental inspection services specifically for landscaping and irrigation work in connection with the La Costa Avenue Corridor Mitigation project. As you are aware, we have provided you with a proposal for inspection of the La Costa Avenue/EI Camino Real intersection project by letter dated December 16, 1986. That proposal includes inspection of the grading operation required in the Mitigation work. The services to be provided herein include inspection of the installation of the irrigation systems and planting of both Riparian and Wetland areas. We propose to use the firm of Lightfoot Planning Group to provide these services as follows: 1. 2. Attend preconstruction meetings. 3. Interpret landscape and irrigation plans and specifications during Coordinate the phasing of landscaping and irrigation construction. bidding and construction of the mitigation project. The proposed fee for the above services is a lump sum fee of $5,000. We appreciate the opportunity to be of continuing service to the City of Carlsbad and are committed to providing a quality and responsive service on this project. Very truly yours, WILLDAN ASSOCIATES Pd&fA@y David M. Ashley Division Manager '4 DMA: sf LP 87-77 6363 GREENWICH DRIVE SUITE 250 SAN DIEGO, CALIFORNIA 92122 (619) 457-1 199