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HomeMy WebLinkAbout1993-09-07; City Council; Resolution 93-2451 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 a 0 RESOLUTION NO. 93 - 2 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF CARLSBAD, CALIFORNIA, APPROVING THE SELECTION OF O’DAY ENGINEERS, INC., SAFINO, BUTCHER & ORMONDI ENGINEERS, INC., AND BSI ENGINEERS, INC., TO DESIGN SNERAL PROJECTS FOR THE CITY SIDEWALK PROGRAM AND TO APPROVE A CONSULTING AGREEMENT CONSISTING OF SEVERAL SIDEWALK SEGMENTS WITHIN THE CITY SIDEWALK PROGRAM WITH O’DAY ENGINEERS, INC., TO DESIGN PROJECT NO. 3391-3 WHEREAS, the City Council of the City of Carlsbad has previously appropriated the design and construction of the City Sidewalk Program; and WHEREAS, proposals have been solicited for the design of the projects from engineering firms; and WHEREAS, following receipt and evaluation of said proposals, it has been recor that the firms of O’Day Engineers, Inc., Safino Butcher & Ormondi Engineers, Inc., Engineers, Inc., be selected to design a number of projects over a maximum of five evaluated on a yearly basis, as deemed necessary by the City Engineer, revie1 performance and needs of the City; and WHEREAS, O’Day Engineers, Inc., was selected to design Project No. 3391-3 in Attachment 1 for a fee of $45,000 and that sufficient funds are currently in Project Ac 31 0-820-1 840-3391. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. That the above recitations are true and correct. 2. That the selection of O’Day Engineers, Inc., Safino, Butcher & Ormondi Inc., and BSI Engineers, Inc., to design a number of projects over a maximum of fivt evaluated on a yearly basis as deemed necessary by the City Engineer revir performance and the needs of the City, is hereby approved. Ill 0 0 1 2 3 4 3. That a consultant agreement with O’Day Engineers, Inc., for the design o Number 3391 -3 as described in the attached contract is hereby approved and the Mayor Clerk are hereby authorized and directed to execute said agreement. 5 II 4.Following Mayor’s signature of the agreement, the City Clerk is further author 6 7 8 9 directed to forward copies of said agreement to O’Day Engineers, Inc., and the Ens Department design division for their files. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 10 held on the 7th day Of SEPTEMBER , 1993 by the following vote, to wit: 11 NOES: None 12 AYES: Council Members Lewis, Kulchin, Nygaard, Finnila 13 14 ABSENT: Council Member Stanton 15 16 1) 17 18 19 20 21 22 23 24 ATTEST: ALFTHA L. RAUTENKRANZ, J- City Clerk (SEAL) 25 I1 26 27 28 0 e AGREEMENT FOR ACQUIRING PROFESSIONAL ENGINEERING SERVICES FOR SIDEWALK PROGRAM DESIGN PROJECT NO. 3391-3 THIS AGREEMENT, made and entered into as of the 8th day c SEPTEMBER , 193, by and between the CITY OF CARLSBAD, a municip; corporation, hereinafter referred to as"City", and O'DAY CONSULTANTS, INC., hereinaft( referred to as "Consultant". RECITALS City requires the services of a professional engineering consultant to provide tt necessary engineering services for preparation of plans, specifications, and cost estimat and Consultant possesses the necessary skills and qualificaticns to provide the servic required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenar contained herein, City and Consultant agree as follows: 4. CONSULTANT'S OBLIGATIONS Provide plans, specifications and cost estimate meeting City Standards a Policies and in accordance with Attachment 1 , herein, for the following: Rev. 6/1C e 0 A. PROJECT LIMITS B. SCOPE OF WORK The Consultant shall provide services in the following categories: 1 ) Meetinqs 0 Meet and coordinate with all City departments as necessa 0 Meet and coordinate with all utility and pipeline cornpanic public and private as necessary. 2) Desian Schedule 0 Provide the plans, specifications and cost estimate accordance with Attachment 1. 3) Data Collection 0 Research existing data in City files as needed. 2 Rev. 6/1( 0 0 4) Field Survevs 0 Provide control surveys. 0 Field verify top0 map(s). Provide supplemental ground surveys as necessary. 5) Geotechnical Services 0 Request testing service from and coordinate with CiQ project manager; said work to be provided through CiQ materials testing consultant. 6) Final Desian 0 Provide improvement plans per Table 3, Attachment 1. 0 Provide . gradinglslope stabilization plans per Table 0 Provide drainage facilities plan in accordance with draina 0 Identify existing landscape and irrigation impacts and noti 0 Provide specifications per Table 3, Attachment 1. 0 Provide quantities and cost estimates per Table 0 Provide revisions of plans during bidding and/or constructi 0 Provide consultation to City during bidding and construct Attachment 1. facilities assessment needs. plans accordingly. Attachment 1. period. 7) Riaht-of-Wav Enaineerina, Documents & Appraisal 0 Not in contract. 3 Rev. 6/1( 0 0 2. CITY OBLIGATIONS The City shall provide the following at no cost to the Consultant: Copies of all existing City reference data as researched and requested t Consultant. 0 Review of the plans, specifications and estimate for the purpose determining the' general conformity to City Standards and Project Scopc 0 A soils report to include classification R-value moisture density, grain si: distribution, direct shear and consolidation. All right-of-way tasks after Consultant has provided City with a red-lil drawing showing all property lines and impacts at about the 10% pl development stage. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt notification to proceed by the City and be completed in accordance with Attachmen herein. Extensions of time may be granted if requested by the Consuttant and agrc to in writing by the Project Manager. The Project Manager will give allowance documented and substantiated unforeseeable and unavoidable delays not caused t lack of foresight on the part of the Consultant, or delays caused by City inaction or 01 Agencies' lack of timely action. 4 Rev. 611 ' 0 0 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment Fees," and shall be $45,000 in accordance with Attachment 1,. No other compensati for services will be allowed except those items covered by supplemental agreements F Paragraph 8, "Changes in Work." 5. DURATlON OF CONTRACT The contract may run for five (5) one (1) year periods or parts thereof, dated frc April 29,1993, based upon performance and the City's needs as determined by the C Engineer, for design work within the City's Sidewalk Program. 6. PAYMENT OF FEES Payment will be made in accordance with Attachment 1. Interim payments n be authorized at the sole discretion of the City. 7. FINAL SUBMISSIONS Within five (5) days of completion and approval of the plans, specifications and c estimate, via the City Engineer's signature of the plans, the Consultant shall deliver to City the following items: All items as described in Table 2 of Attachment 1 , herein. 0 Two (2) copies of all other calculations generated by the Consultant in completion and execution of the provisions of this contract. 5 Rev. 6/1C 0 0 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the Cit and informal consultations with the other party indicate that a change in the conditior of the contract is warranted, the Consultant or the City may request a change in contrac Such changes shall be processed by the City in the following manner: A letter outlinir the required changes shall be forwarded to the City by Consultant to inform them of tt proposed changes along with a statement of estimated changes in charges or tin schedule. A supplemental agreement shall be prepared by the City and approved by t' City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 1 Such supplemental agreement shall not render ineffective or invalidate unaffected portio of the agreement: 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any compa or person, other a bona fide employee working for the consultant, to solicit or secure t agreement, and that Consultant has not paid or agreed to pay any company or persc other than a bona fide employee, any fee, commission, percentage, brokerage fee, c or any other consideration contingent upon, or resulting from, the award or making of' agreement. For breach or violation of this warranty, the City shall have the right to an this agreement without liability, or, in its discretion, to deduct from the agreement PI or consideration, or otherwise recover, the full amount of such fee, commissi percentage, brokerage fees, gift, or contingent fee. 6 Rev. 6llC e 0 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work a: provided for in this contract, the City may terminate this contract for nonperformance b notifying the Consultant by certified mail of the termination of the Consultant. Th Consultant, thereupon, has five (5) working days to deliver said documents owned by th City and all work in progress to the City Engineer. The City Engineer shall make determination of fact based upon the documents delivered to City of the percentage I work which the Consuttant has performed which is usable and of worth to the City having the contract completed. Based upon that finding as reported to the City Manage the Manager shall determine the final payment of the contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreeme the following procedure shall be used to resolve any question of fact or interpretation r otherwise settled by agreement between parties. Such questions, if they becol identified as a part of a dispute among persons operating under the provisions of t contract, shall be reduced to writing by the principal of the Consultant or the ( Engineer. A copy of such documented dispute shall be forwarded to both part involved along with recommended methods of resolution which would be of benefi both parties. The City Engineer or principal receiving the letter shall reply to the le 7 Rev. 6/1 I 0 0 along with a recommended method of resolution within ten (IO) days. If the resolutic thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute sh; be forwarded to the City Council for their resolution through the office of the C Manager. The City Council may then opt to consider the directed solution to tl problem. In such cases, the action of the City Council shall be binding upon the parti involved, although nothing in this procedure shall prohibit the parties seeking remedi available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) d; written notice to the other party. In the event of such suspension or termination, UF request of the City, the Consultant shall assemble the work product and put samc order for proper filing and closing and deliver said product to City. In the even1 termination, the Consultant shall be paid for work performed to the termination d: however, the total shall not exceed the lump sum fee payable under paragraph 4. City shall make the final determination .as to the portions of tasks completed and compensation to be made. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consuttant’s way as an independent contractor and in pursuit of Consultant’s independent calling, not as an employee of the City. Consultant shall be under control of the City only a 8 Rev. 6/1 0 0 the result to be accomplished, but shall consult with the City as provided for in tht request for proposal. The Consultant is an independent contractor of the City. The payment made to th Consultant pursuant to the contract shall be the full and complete compensation to whic the Consultant is entitled. The City shall not make any federal or state tax withholding on behalf of the Consultant. The City shall not be required to pay any worker compensation insurance on behatf of the Consultant. The Consultant agrees to indemni the City for any tax, retirement contribution, social security, overtime payment, or workel compensation payment which the City may be required to make on behatf of tl Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform a Control Act of 1986 and shall comply with those requirements, including, but not limit to, verifying the eligibility for employment of all agents, employees, subcontractors a consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The consultant shalf cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Consultant shall provide necessary supporting documents, to be filed with any agencies whose approw necessary. The City will provide copies of the approved plans to any other agencies. 9 Rev. Sll 0 0. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein requirc are the property of the City, whether the work for which they are made be executed not. In the event this contract is terminated, all documents, plans, specificatior drawings, reports, and studies shall be delivered forthwith to the City. Consultant sh have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the WI pursuant to this contract shall be vested in City and hereby agrees to relinquish all clai to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilit penalties, fines, or any damage to goods, properties, or effects of any person whatel nor for personal injuries or death caused by, or resulting from, any intentional or neglis acts, errors or omissions of Consultant or Consultant’s agents, employees, representatives. Consultant agrees to defend, indemnify, and save free and harmless City and its officers and employees against any of the foregoing claims, liabili penalties or fines, including liabilities or claims by reason of alleged defects in any p and specifications, and any cost, expense or attorney’s fees which are incurred by City on account of any of the foregoing. 10 Rev. 6/1 0 0 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies du thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under th contract by the Consultant, Consultant shall be fully responsible to the City for the ac and omissions of Consultant’s subcontractor and of the persons either directly indirectly employed by the subcontractor, as Consultant is for the acts and omissions persons directly employed by consultant. Nothing contained in this contract shall crez any contractual relationship between any subcontractor of Consultant and the City. 7 Consultant shall bind every subcontractor and every subcontractor of a subcontractor the terms of this contract applicable to Consultant’s work unless specifically noted to ‘ 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 behatf of the CiQ negotiate, make, accept, or approve, or take part in negotiating, making, accepting approving of this agreement, shall become directly or indirectly interested personal this contract or in any part thereof. No officer or employee of the City who is author1 in such capacrty and on behatf of the City to exercise any executive, supervisory similar functions in connection with the performance of this contract shall become din or indirectly interested personally in this contract or any part thereof. 11 Rev. 611 0 0 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the Cit either before, during or after the execution of this contract, shall affect or modify any the terms or obligations herein contained nor entitle the Consultant to any additior payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all tern conditions, and provisions hereof shall insure to and shall bind each of the parties hers and each of their respective heirs, executors, administrators, successors, and assigr 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written abc 25. CONFLICT OF INTEREST In accordance with the requirements of the City of Carlsbad conflict of inte code, the Consultant is not required to file a conflict of interest statement with the Clerk. 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insura automobile liability insurance, and a combined policy of worker's compensation employers liability insurance from an insurance company authorized to do business i 12 Rev. 6/' 0 a State of California which meets the requirements of City Council Resolution No. 91-40 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless lower amount is approved by the City Attorney or the City Manager. This insurance Shi be in force during the life of this agreement and shall not be canceled without thirty (38 days prior written notice to the City sent by certified mail. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 13 Rev. 6/1 0 0 The City shall be named as an additional insured on these policies. The Consultant shall furnish certificates of insurance to the City before commencement of work. Executed by Consultant this 25 day of AUGUST , 19%. CONSULTANT: CITY OF CARLSBAD, a municipal O’Dav Consultants, Inc. (name of Consultant) By: /&ay6/q5> (sign here) // W Patrick N. O’Dav. P.E. (print name here) ATTEST: President (title and organization of signatory) By: ps ?/Z\ 793 (sign here) (1 ALETHA L RAUTENKRANZ City Clerk Patrick N. O’Day, P.E. (print name here) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant. secretary must sign f corporations. tf only one officer signs, the corporation must attach a resolution certific by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL * mm BY Deputy City Attorney qlffi 14 Rev. 6/1( 0 AITACHMENT 1 0 Table 1 through Table 3 define the City Plancheck Milestones, the timing and requirements of each subn Jhe fee allocation per submittal milestone. MILESTONES return of 90% p return of 70% plancheck. return of 30% plancheck. written Notlce to Proceed. Elapsed Time 14 calendar da 22 calendar day. after 30 cakndar days after 40'cdmdar days after 1009 90% 70% 30% c - - - - MILESTONES ... FW :.::.: .......\.,..... NOTE: Right-of-way "re4Iines' provided at about 10% stag.. 30% Redlines on photo, topo base aheet showing all right-of-way impacts. Improvement planr base sheets, showing conceptual grading, drainage, landscape & irrigation modification needs, utility relocation, and street structural dons. 70% Full and complete plans with corrections and plancheck rot 1. 8Copiet -, 90% Full bidready plans with corrhono and plancheck ret 2. 8 Coplea 1 i 100 Photo or inl ready for Ci signature. 8 Copies I 8 copies I I 1 gpMTIwx$:, Flnal draft of entire aet d First rough draft of entire .et Index and outline of all categories for Specid Special Provisions. of Special Provisions. =$ texl NOTE: Provisions. 8 Copies sanmsrlOo%, Constructla acopler mllestono. for Public ' document for oach Standard : 5.1 disk. used throughout Special Prl oxcoptrng WordPerfect 8 Copies. 1) Green Book formal WordPerfe Standard r 2) Usa WordPerlect 5.1 Drawings format throughout Company 8 Copies :~.q:lp!Xmn. Detalled ortimato *lo% %oping estlmate ~25% Flnal draft In bld net format *lo% acopier NOTE: 8 Copier 8 Copies US0 LOtU8 123 Sam.M909( action. Lotus 123 8CapIea format. I I I I MILESTONES oox 70% 30% Tasks t FM t t t Prepare $5,300 m Sl0,soo 40% $7.950 30% $26,500 10% &Scale Plans Pwpare 51,500 25% $375 Estimates 10% $500 20% $1,125 45% $625 25% 52,500 Prep. Cost Speca. 10% $300 20% $675 45% Meetings 10% $1 50 30% $1 50 30% $1 50 30%' $5cQ Field 0% Q 0% 52,100 15% $1 1,900 85% $14,000 SUNeyS TOTAL FEE ' $45,004 : I I/ MAXIMUM PAYMENTS PER MILESTONE 56,250 I $1 4,650 $21 ,000 LEGEND Percentage of Fee Allocated ** Upon Crty Engineer's Signature of Plans.