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HomeMy WebLinkAbout1978-11-07; City Council; Resolution 55781 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 Exhibit 3 RESOLUTION NO. 5578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HERMAN KIMMEL AND ASSOCIATES, INC. FOR ENGINEERING SERVICES NECESSARY TO DESIGN TRAFFIC SIGNALS AND STREET WIDENING AT THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE The City Council of the City of Carlsbad does hereby resolve as follows: I. That certain agreement between the City of Carlsbad and Herman Kimmel and Associates, Inc. for engineering services necessary to design traffic sig- nals and street widening at the intersection of Palomar Airport Road and Paseo del Norte, a copy of which is attached hereto, marked as Exhibit 4, and incor- porated herein by reference, is hereby approved. 2. 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 reguIar meeting of the City Council of the City of Carlsbad, California, held the 7th day of November 9 1978, by the following vote to wit: AYES : Councilmen Skotnicki Anear, Lewis and NOES : None Councilwoman Casler ATTEST : (SEAL) .... AGREEMENT FOR ENGINEERING SERVICES NECESSARY TO DESIGN TRAFFIC SIGNALS AND STREET WIDENING AT THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE THIS AGREEMENT, made and entered into as of the day of , 1978, by and between the firm of HERMAN KIMMEL AND ASSOCI- ATES, INC., hereinafter referred to as Consultant, and the CITY OF CARLSBAD, here- inafter referred to as City. WITNESSETH: ----------- WHEREAS, the City requires engineering services necessary to design traffic signa Paseo del Nor General Plan; s and street widening at the intersection of Palomar Airport Road and e, which will be in accordance with the Circulation Element of the and WH.EREAS, the City has solicited proposals for assistance; and WHEREAS, the Consultant is a firm of professional engineers special- . izing in providing traffic signal design services to public agencies, has provided engineering 'services to cities and counties in the past and has an established repu- tat i on; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I: SCOPE OF SERVICES The Consultant will provide the necessary engineering services as outlined in the request for proposals, dated April 18, 1978, attached hereto and made a part hereof. ARTICLE II: SCOPE OF CITY STAFF ASSISTANCE The City Engineering Department will provide up to 60 staff manhours of research and coordination at the request of the Consultant. will be available during the three (3) months of the design. ARTICLE Ill: PROGRESS AND COMPLETION This staff support Services described herein shall begin promptly following written 0 a be completed within three (3) calendar months. ARTICLE IV: COMPENSATION Fees for services described in Artic authorization by the City. Completion of the work as described in Article I shall e I of this agreement will be based on costs based on rates in proposal dated May 19, 1978, a copy of which is OR file with the City Engineer and is incorporated herein by reference, except that the total fee for engineering services will not exceed the guaranteed maximum Pee given in Article V. ARTICLE V: GUARANTEED MAXIMUM FEE ' The guaranteed maximum fee for serv be $9,000. ARTICLE VI: PAYMENT OF FEES Charges determined on the bas s set ces described n Article I shall forth n Art cle IV shall be paid monthly, based on the percentage of the total project completed. ARTICLE VII: RESPONSIBILITY OF CONSULTANT The Consultant is employed herein to render a professional service only and any payments to him are compensation solely render and recommendations he may make in the course of this project. for such services as he may ARTICLE VI I I : CHANGES IN THE SCOPE OF 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 Con- sultant shall submit his estimate of increased costs to the City Manager for ap- prova I 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 Consultant a notice in wrl t Ing e -2- In the event of termination, the Consultant shall be paid for the work accomplished to the date of termination in accordance with Article IV. Upon request of the City, the Consultant shall assemble the work produci- and put the same in proper order for proper filing and closing and deliver said product to City. ARTICLE X: STATUS OF CONSULTANT The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee of the City; he shall be under the control of the City only as to the resu I t accomp I i shed and personne I ass i gned to project. ARTICLE XI: OWNERSHIP OF DOCUMENTS All mapsp studies, sketches, work sheets and documents as herein required are the property of the CiPy 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. ARTICLE XII: ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder without the prior written consent of the City Engineer. ARTICLE XIII: SUBCONTRACTOR The Consultant shall not subcontract any of the work to be performed under this agreement without approval of the City. If subcontracting is approved, for the acts and omissions y or indirectly employed by of persons directly employed the Consu I tant sha I I be f u I I y responsible to'the of his subcontractor and of the persons either d the subcontractor, as he is for the acts and omi City rect s ion by him. Nothing contained in this contract shall create any contractual relation- ship between any subcontractor of the Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of -3- e this agreement applicable to his work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XIV: PROHIBITED INTEREST No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve this contract shall be- come directly or indirectly interested personally in this contract or any part thereof e ARTICLE XV: VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or em- ployee 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. ART I CLE sv I : EFFECT I VE DATE This contract shall be effective on and from the day and year first ' above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: CITY OF CARLSBAD ALETHA L. RAUTENKRANZ, City Cree RONALD C. PACKARD, Mayor APPROVED AS TO FORM: HERMAN KIMMEL AND ASSOCIATES, INC. BY -4- 0.1 Subject: Traffic Signal Design and Street Wjdening at Palomar Airport Road and Paseo del Norte The City of Carlsbad is seeking proposals for engineering services neces- sary to design street widening and a fully-actuated traffic signal at the intersection of Palomar Airport Road and Paseo del Norte (see attached sketch) The design must include the following: ' 1. Eight-phase, fully-actuated traffic signal with interconnect potential to future, signal installations at Palomar Airport Road and Interstate 5- Pwelve-foot street widening along the north side of Palomar Airport Road for approximately 800-1000 feet. sidewalk, street lights, medians, wheelchair ramps, drainage facilities, returns at Paseo del Norte, all the necessary surveying, etc, 2, This would include curb, gutter, 3'. Replacing pavement failures to facilitate inductive loops and truck t ra f f i c . 4. Coordination with CalTrans, various utility companies (San Diego Gas E Electric, Pacific Telephone, etc.) and City staff. 5. Channelization and striping. 6. Conceptual signal layout and street improvement design for approval by the City Engineer. 7. Complete detailed specifications and contract proposal in typed form e for use in soliciting competitive bids. sui tab 8. Supply struct a detailed cost estimate sufficient to analyze and evaluate con- on bids. -b The City will supply any traffic counts, accident records and "as built" drawings of the intersection that are currently available. You may sub- contract any portion of the design if necessary. The City envisions the design can be completed within 30-60 days after the notice to proceed. If you plan to respond, submit your engineering design cost by Friday, May 19, 1978. Please include an estimated project cost to implement all the improvements. Thank you for your interest, and call me if you have any questions. Kent A. Whitson, P.E. Transportation Engineer CC: Public Works Administrator City Engineer Attachment . .. .. . . i ., .. '1 ..