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HomeMy WebLinkAbout1976-04-20; City Council; Resolution 38831 2 3 4 5 6 7 8 9 10 11 12 12 14 LE 1E 17 I€ 1: 2c 21 22 23 24 25 26 27 28 3883 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND BERRYMAN, MOHLE, STEPHENSON & PERRY, INC. FOR ENGINEERING SERVICES NECESSARY TO CONDUCT A STUDY OF EXIST- ING AND PROPOSED ROADWAY GEOMETRICS ALONG TAMARACK AVE. BETWEEN HIGHLAND DR. & CARLSBAD BOULEVARD The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Berryman, Mohle, Stephenson & Perry, Inc. for engineering services necessary to conduct a study of existing and proposed roadway geometrics along Tamarack Ave. between Highland Drive and Carlsbad Boulevard, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 30th day of April , 1976, by the following vote, to wit: Counci 1 woman Cas1 er AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT: None ATTEST : (seal) AGREEMENT FOR ENGINEERING SERVICES NECESSARY TO CONDUCT A STUDY OF EXISTING AND PROPOSED ROADWAY GEOMETRICS ALONG TAMARACK AVENUE BETWEEN HIGHLAND DRIVE AND CARLSBAD BOULEVARD This agreement made and entered into as of the 20th day of - April -. , 1976, by and between Berryman, Mohle, Stephenson & Perry, Inc., hereinafter referred to as Consultant, and the City of Carlsbad, hereinafter referred to as City, WITNESSETH WHEREAS, the City requires engineering services to conduct a study of existing and proposed roadway geometrics along Tamarack Avenue between Highland Drive and Carlsbad Boulevard to establish roadway geomztrics to support the projected traffic volumes upon the ultimate development of the City based on the Land Use Element of the General Plan; and WHEREAS, the City has solicited proposals for assistance; and WHEREAS, the Consultant is a firm of professional consultants specializing in providing engineering, planning and consulting services to public agencies, has provided consulting services to cities and counties in the past and has an established reputation; NOW, THEREFORE, the parties hereunto agree as follows: Article I Scope of Services The outlined 1. 2. 3. 4, 5. Consultant will provide the necessary engineering services as in the proposal dated March 5, 1976, including: Documenting existing conditions and assembling pertinent data. Conducting field studies. Estimating traffic demands. Establishing de:.ign criteria and preparing geometric alternatives. Presenting findings and recommendations to affected property Page Two owners and interested citizens prior to finalizing the report. 6. Preparing report and presenting their recommendations to the Planni1:g Commission and City Council as necessary. Article I1 Scope of City Staff Assistance The City Engineering Department will provide up to 150 staff man- hours of research at the request of the consultant for field survey data, traffic counting, accident investigation, etc. This staff support will be available during the initial two months of the study. Article I11 Progress and Completion Services described herein shall begin promptly following written authorization by the City. Completion of the work as d.escribed in Article I sh.all be completed within five (5) calendar months. Article IV Compensation -- Fees for services described in Article I of this agreement will be based on costs based on rates in proposal dated March 5, 1976, a copy of which is attached hereto and incorporated herein by reference, except that the total fee for engineering services will not exceed the guaranteed maximum fee given in Article V. Article V Guaranteed Maximum Fee The guaranteed maximum fee for services described in Article I shall be $17,000. Article VI Payment of Fees Charges determined on the basis set forth in Article IV shall be paid monthly, based on the percentage of the total project completed. Article VI1 Responsibility of Consultant The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make in the course of this pro jcct. Pagc Thrce Article VI11 Changes in the Scop oE the Project __ -_ ____-- If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Article I has commenced, the Consultant shall submit his estimate of increased costs to the City Manager for approval prior to undertaking any additional work. Article IX Suspension or Termination of Services The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consul- tant a notice in writing. IC the event of termination, the Consultant shall. be pzid for the work accomplished to the date 01 termination in accordance with Article IV. Upon request of the City, the Consultant shall assemble the work product and put the same in proper order for proper filing and closing and deliver said product to the City. Article X Status of Consul tarit -- -_-____ The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and no-t as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. Article XI Ownership -___ of Documents - All maps, studies, sketches, work sheets and documents 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, work sheets, etc. shall be delivered forthwith to the City. Page Four P,rticle XI:[ Assignmzn-k o!! Ccntrac t _______ -__- __- The Consultan-t. shall not assign this contrc?ct or any part thercof or any monies due to to become due or to become due thereunder without the prior written consent of City Public Korks Administrator. Article XI11 Subcontractor -- -_--I_ The Consultant shall not subcontract any of the work to be per- formed under this agreement. Article XIV Prohibited Interest - ~- No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accep-t or approve this contract s1mll become directly or indirectly interested personally in this con-tract or any part thereof. Article XV Verbal Agreement or Conversation No verbal agreemen-t 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 entitie the Consultant to any additional payment whatsoever under the terms of this contract. Article XVI Effective Date This contract shall be effective on and from the day and year first above written. IN WITNESS WHEEEOF, we have hereunto set our hands and seals. ATTEST : Inc. 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