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HomeMy WebLinkAbout1988-11-22; City Council; Resolution 88-4049 e 0 1 RESOLUTION NO. 88-404 2 3 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BSI CONSULTANTS, INCORPORATED, FOR THE DESIGN OF STREET IMPROVEMENTS TO MONROE AND MARRON STREETS, PROJECT NO. 3308 WHEREAS, proposals have been received by the C 7 Marron Streets: and 8 Carlsbad for the design of street improvements to Mom 9 WHEREAS, the firm of BSI Consultants, Incorporat 10 11 been selected to perform the design services in the amc $34,500: and 12 WHEREAS, funds in the amount of $650,000 are avail; 13 City of Carlsbad as follows: 16 NOW, THEREFORE, BE IT RESOLVED by the City Council 15 Council for the design and construction costs. 14 the Project No. 3308 as previously appropriated by tk 17 1. The above recitations are true and correct. 18 Carlsbad and BSI Consultants, Incorporated for the des 19 2. That a consultant agreement between the C Projects Department for their files. 28 West Bernard0 Drive, San Diego, CA 92127 and the Mu 27 copies of said agreement to BSI Consultants, Incorporated 26 the City Clerk is further authorized and directed to 25 3. Following the Mayor's signature of the agr 24 authorized and directed to execute said agreement. 23 hereby accepted and the Mayor and City Clerk are 22 which is hereto marked "Exhibit A" and made a part therl 21 street improvements to Monroe and Marron Streets, a c 20 1 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 0 4. That the Consultant fee of $34,500 1 Consultants, Incorporated for the design of street impro to Monroe and Marron Streets is hereby accepted. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 22nd day of November 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and I NOES: None ABSENT : None ATTEST : 4-GZL 6X4R-l- ALETHA L. RAUTENKRANZ, City &erk (SEAL) 0 0 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into as of the 22nd da November, 1988, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as I'City,l' and CONSULTANTS, INCORPORATED, hereinafter referred to IIConsultant . It RECITALS City requires the services of a Civil Engine< consultant to provide the necessary design services preparation of final plans and specifications for improvements to Monroe Street between Hosp Way and Marron I and Consultant possesses the necessary skills and qualifical to provide the services required by the City: NOW, THEREFORE, in consideration of these recitals and mutual covenants contained herein, City and Consultant agn follows: 1. CONSULTANT'S OBLIGATIONS Perform the following scope of work: A. Provide completed plans and specifications incll irrigation and landscaping where necessary and pe: cross section survey at 50 foot intervals approximately 1300 feet south of the intersectic Monroe and Marron. 0 e B. c. D. E. F. G. H. I. J. Provide a schedule of work within two (2) weeks the Notice to Proceed. Prepare and submit an Environmental Impact Asses on City provided forms, and an application f Coastal Development Permit. Prepare complete final technical specifications su to review and approval of the City. Prepare design revision to existing signal at intersection of Monroe and Marron Road. Prepare a cost estimate of the project and an est of time required to construct the project. Review shop drawings and paving mix designs subm by the contractor. Attend the preconstruction meeting and answer ques during the bidding period regarding the plans specifications. Attend two (2) public meetings to discuss the pr in detail as required. Incorporate into the overall design effort, plan specifications for the extension of an existin! diameter storm drain. The storm drain will be ext from its present outlet approximately 1100' soul the Monroe and Marron intersection and connect t existing siltation basin outlet pipe lo( approximately 200' west of the intersection. All associated with locating or potholing of exi 0 a utilities will be provided by Consultant. K. Prepare a grading plan for the Southeast quadra Monroe Street and Marron Street extending 250' Eas of the Easterly right-of-way and Sout: approximately 500' from station 30 + 00 to 44 + shown on City of Carlsbad drawing #206-2 (Projec 91). Appropriate soil reports to be prepared L City of Carlsbad. L. Conduct a hydrology study for the master p. drainage facility shown on Monroe Street from 1 Street to approximately 1300' Southerly; and We: approximately 200' from Monroe Street to the ex drainage facility located on the Southerly si Marron. M. Conduct additional design survey, cross sectic include natural drainage swale where it conflict the proposed road improvements located on the We side of the proposed road from station 33+ 50 tc 50 and approximately 100' Westerly of pr centerline, N. Provide all original plans in ink on mylar and for the City EngineerDs signature. 0. Provide all technical specifications. P. Provide all originals of survey notes made, calm sheets of any computed quantities and a li estimated quantities and costs. a e 2. CITY OBLIGATIONS The City shall provide: A. One (1) set of standards contract and specifi forms . B. A sufficient number of blank mylar standard dr sheets with title block. 3. PROGRESS AND COMPLETION The work under this Contract will begin immediately receipt of notification to proceed by the City and be com within seventy (70) calendar days of that date. Extensic time may be granted if requested by the Consultant and agrf in writing by the City Manager or his designated represent: In consideration of such requests, the City Manager will allowance for documented and substantiated unforeseeablc unavoidable delays not caused by a lack of foresight on thc of the Consultant, or delays caused by City inaction or agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Pa of Fees, II shall be $34,500. No other compensation for ser will be allowed except those items covered by supplerr agreements per Paragraph 7, '!Changes in Work.tl 5. PAYMENT OF FEES Payment of fees shall be on a monthly basis. Inv submitted by the first of the month shall be paid thirty days hence. 0 0 6. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval o final design, the Consultant shall deliver to the Citj following items: a. Original mylars at scale of the drawings reprodu on standard 24" by 36" sheets. Blank mylars will be provid the City. b. All final engineering certifications and documents. plans shall be signed by a Registered Civil Engineer a Registered Landscape Architect, as appropriate. 7. CHANGES IN WORK If, in the course of this Contract and design, changes merited by the Consultant or the City, and informal consulta with the other party indicate that a change in the conditio the Contract is warranted, the Consultant or the City may re a change in Contract. Such changes shall be processed b City in the following manner: A letter outlining the rec changes shall be forwarded to the City by Consultant to i them of the proposed changes along with a statement of esti changes in charges or time schedule. After reaching n agreement on the proposal, a supplemental agreement sha: prepared by the City and approved by the City Council. supplemental agreement shall not render ineffective or inval unaffected portions of the agreement. Changes reqc immediate action by the Consultant or City shall be order the City Manager or his designated representative who will i e 0 a principal of the Consultant's firm of the necessity of action and follow up with a supplemental agreement covering work. 8. DESIGN STANDARDS The Consultant shall prepare the plans and specificatio accordance with the design standards of the City of Carlsba recognized current design practices. Applicable City of Car Standards and Regional Standards shall be used where appropr Copies of such standards shall be obtained from the Cit Carlsbad. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employ retained any company or person, other than a bona fide emp working for the Consultant, to solicit or secure this agree and that Consultant has not paid or agreed to pay any compa person, other than a bona fide employee, any fee, commis percentage, brokerage fee, gift, or any other consider contingent upon, or resulting from, the award or making of agreement. For breach or violation of this warranty, the shall have the right to annul this agreement without liabi or, in its discretion, to deduct from the agreement pric consideration, or otherwise recover, the full amount of such commission, percentage, brokerage fee, gift, or contingent f 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Fe Ordinances regarding nondiscrimination. 0 0 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prose deliver, or perform the work as provided for in this Con1 the City may terminate this Contract for nonperformanc notifying the Consultant by certified mail of the terminatj the Contract. The Consultant, thereupon, has five (5) w( days to deliver said documents owned by the City and all wc progress to the City's Project Manager. The City Manager make a determination of fact based upon the documents del: to City of the percentage of work which the Consultan performed which is usable and of worth to the City in havil Contract completed. Based upon that finding as reported 1 City Council, the Council shall determine the final paymc the Contract. 12. DISPUTES If a dispute should arise regarding the performance 0: under this agreement, the following procedure shall be US resolve any question of fact or interpretation not 0th settled by agreement between parties. Such questions, ij become identified as a part of a dispute among persons ope under the provisions of this Contract, shall be reduc writing by the principal of the Consultant or the City Ma A copy of such documented dispute shall be forwarded tc: parties involved along with recommended methods of reso which would be of benefit to both parties. The City Mana principal receiving the letter shall reply to the letter e 0 with a recommended method of resolution within ten (10) days the resolution thus obtained is unsatisfactory to the aggr party, a letter outlining the dispute shall be forwarded tr City Council for their resolution through the Office of the Manager. The City Council may then opt to consider the dir solution to the problem. In such cases, the action of the Council shall be binding upon the parties involved, alt nothing in this procedure shall prohibit the parties se remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render necessary profess design services for preparation of final plans and specifica, for the improvements to Monroe Street between Hosp Way and M' Road and any payments made to Consultant are compensation SI for such services. Consultant shall certify as to correctness of all designs and sign all plans, specificat and estimates furnished with Registered Civil Engineer's nu: (or Landscape Architect's registration number.) 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party tendering thirty (30) days written notice to the other pi In the event of such suspension or termination, upon reque: the City, the Consultant shall assemble the work product an( same in order for proper filing and closing and deliver product to City. In the event of termination, the Consul shall be paid for work performed to the termination ( e 0 however, the total shall not exceed the guaranteed total maxi The City shall make the final determination as to the portion tasks completed and the compensation to be made. Compensatic be made in compliance with the Code of Federal Regulations. 15. STATUS OF THE CONSULTANT The Consultant shall perform the services provided herein in Consultant's own way as an independent Contractor in pursuit of Consultant's independent calling, and not a employee of the City. Consultant shall be under control of City only as to the result to be accomplished and the persc assigned to the project, but shall consult with the Cit: provided for in the request for proposal. The Consultant is an independent contractor of the C The payment made to the Consultant pursuant to this cont shall be the full and complete compensation to which Consultant is entitled. The City shall not make any Federa State tax withholdings on behalf of the Consultant. The shall not be required to pay any workers' compensation insul on behalf of the Consultant. The Consultant agrees to inder the City for any tax, retirement contribution, social S~CUI overtime payment, or workers' compensation payment which the may be required to make on behalf of the Consultant or employee of the Consultant for work done under this agreemenl The Consultant shall be aware of the requirements of Immigration Reform and Control Act of 1986 and shall comply those requirements, including, but not limited to, verifyin! m e eligibility for employment of all agents, employ subcontractors and consultants that are included in agreement. 16. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specificat to Conform to all applicable requirements of law: Federal, S and local. Consultant shall provide all necessary suppor documents, to be filed with any agencies whose approva: necessary. The City will provide copies of the approved plans to other agencies. 17. OWNERSHIP OF DOCUMENTS The City acknowledges that the following refere materials are the Consultant's instruments of service and are products and, as such, they are normally the property Consultant; however, by this agrement for these projects a all plans, studies, sketches, drawings, reports, specifications as herein required will become the propert: the City, whether the work for which they are made to be exec or not. In the event this Contract is terminated, all compl documents, plans, specifications, drawings, reports, and stu shall be delivered forthwith to the City. Consultant shall the right to make one (1) copy of the plans for his/her reco Any use of these materials on these projects, if not complete a timely basis, or any other projects, without the prior wri consent of Consultant, shall be at the sole risk of the City. e 0 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be for any claims, liabilities, penalties, fines, or any dam goods, properties, or effects of any person whatever, nc personal injuries or death caused by, or claimed to havl caused by, or resulting from, any intentional or negligent errors or omissions of Consultant or Consultant's a employees, or representatives. Consultant agrees to d indemnify, and save free and harmless the City and its of and employees against any of the foregoing liabilities or of any kind and any cost and expense that is incurred by th on account of any of the foregoing liabilities, inc liabilities or claims by reason of alleged defects in any and specifications. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or an: thereof or any monies due thereunder without the prior w consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work performed under this Contract by the Consultant, Consultant be fully responsible to the City for the acts and omissi1 Consultant's subcontractor and of the persons either direc indirectly employed by the subcontractor, as Consultant the acts and omissions of persons directly employ Consultant. Nothing contained in this Contract shall crea 0 e contractual relationship between any subcontractor of Cons and the City. The Consultant shall bind every subcontract every subcontractor of a subcontractor by the terms of Contract applicable to Consultant's work unless specif noted to the contrary in the subcontract in question appro writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such ca on behalf of the City to negotiate, make, accept, or appro take part in negotiating, making, accepting, or approving architectural, engineering, inspection, construction or ma supply contractor, or any subcontractor in connection wi. construction of the project, shall become directly or indi interested personally in this Contract or in any part tk No officer, employee, architect, attorney, engineer, or in: of or for the City who is authorized in such capacity behalf of the City to exercise any executive, superviso other similar functions in connection with the performa this Contract shall become directly or indirectly intt personally in this Contract or any part thereof. 22. VERBALLY AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, or employee of the City, either before, during, or aft execution of this Contract, shall affect or modify any of 1 a 0 terms or obligations herein contained nor such verbal agl or conversation entitles the Consultant to any additional E whatsoever under the terms of this Contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, IIHold Hz Agreement," all terms, conditions, and provisions hereof insure to and shall bind each of the parties hereto, and E their respective heirs, executors, administrators, SUCC~ and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the c year first above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Sti with the City Clerk of the City of Carlsbad in accordanc the requirements of the City of Carlsbad Conflict of I1 Code. 26. INSURANCE The Consultant shall obtain and maintain a pol liability insurance from an insurance company authorized tl .. ,- A .. ,- e 0 business in the State of California, in an insurable amoun not less than one million dollars ($1,000,000) . This insur shall be in force during the life of this agreement and I not be cancelled without ten (10) days prior notice to the Ci The City shall be named as an additionally insured on policy. The Consultant shall furnish a certificate of insurance to the City upon request. IN WITNESS WHEREOF, we have hereunto set our hands and seals. (CONSULTANT IS NAME) CITY OF CARLSBAD: BY Mayor Title APPROVED AS TO FORM: Assistant City Attorney ATTESTED: City Clerk