HomeMy WebLinkAbout1988-11-22; City Council; Resolution 88-4049 e 0
1 RESOLUTION NO. 88-404
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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
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Marron Streets: and 8
Carlsbad for the design of street improvements to Mom
9 WHEREAS, the firm of BSI Consultants, Incorporat
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been selected to perform the design services in the amc
$34,500: and
12 WHEREAS, funds in the amount of $650,000 are avail;
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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.
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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
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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)
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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.
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B.
c.
D.
E.
F.
G.
H.
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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
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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.
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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.
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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
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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.
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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
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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 (
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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!
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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.
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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
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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
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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
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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