Loading...
HomeMy WebLinkAbout1979-06-25; City Council; Resolution 5821EXHIBIT 6 0 RESOLUTION NO. 5821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KERCHEVAL AND ASSOCIATES FOR ENGINEERING ATION CRITERIA FOR THE PROPOSED CARLSBAD BOULEVARD BRIDGE OVER THE AGUA HEDIONDA LAGOON INLET SERVICES NECESSARY TO PROVIDE TENTATIVE PLANS AND APPLIC- , The City Council of the City of Carlsbad does hereby resolve I as follows: I 1. That that certain agreement between the City of Carlsbad and Kercheval and Associates for engineering services necessary to provide tentative plans and application criteria for the proposed Carlsbad Boulevard Bridge over Agua Hedionda Lagoon Inlet a copy of which is attached hereto, marked as Exhibit 5, 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. an adjourned PASSED, APPROVED AND ADOPTED at regular meeting of the City Council of the City of Carlsbad, California, held the day of June , 1979, by the following vote to wit: AYES: Mayor Packard, Councilmen Skotnicki, Lewis, hear and NOES: NOne Councilwoman Casler ABSENT: "-e ty City Clerk EXHIBIT 5 AGREEMENT FOR CONSULTING SERVICES I THIS AGREEMENT, made and entered into as of the 3rd day of -- t July , 1979, by and between the CITY OF CARLSBAD, a municipal corporati on, herei Dafter referred to as "Ci ty , I' and the f i rm of KERCHEVAL AND ASSOCIATES, hereinafter referred to as "Consultant. WITNESSETH: WHEREAS, the City requires the services of an engi neeri ng corisul ti ng firm to provide the necessary engineering services for providing tentative plans and application criteria for the proposed Carlsbad Boulevard Bridge over Agua Hedionda Lagoon Inlet; WHEREAS, Consultant possesses the necessary skills arid qualifications to provide the services required by the City; WHEREAS, Consultant has submitted a proposal to the City to perform the professional services in connection with the preparation of said tentative plans and application criteria; and WHEREAS, City desires to accept the scope of services as set forth in Exhibit "A", attached hereto, NOW, Therefore, the parties hereunto agree as follows: Article I: described in Article I:: Scope of Consultant Services a. Exhibit "A". Scope of City Staff Responsibilities City shall make available all records, City engages Consultant to perform - the scope of services reports and other documenta- tion deemed necessary by Consultant to properly perform the services required by the City, '. . .1 t 0 - 2- ,--v Article 111: Compensation City shall compensate Consultant for services performed under Article I as follows: a. and conditions herein set forth. a thorough, competent, professional and workmanlike manner, for a lump sum fee Consultant agrees to perform said services upon the terms Consultant shall perform all siich services in of $1 6,732 .OO. b. City shall compensate Consultant for the services performed hereunder in four equal installments within thirty (30) days of receipt of Consultant's invoice for the services rendered. Article IV: Time for Completion The City and Consultant have agreed that services described in Exhibit A will be completed within four (4) months of the'Notice to Proceed. Delays not caused by the Consultant shall be considered justification for extension of time for completion. The Consultant shall submit a schedule of work to the City. Article V: Representation Consultant shall desigqate a representative acceptabl e to City who may be changed by giving the City at least two (2) weeks' prior written notice of said change. City may request, and Consultant shall , upon receipt of such request, change Consultant's representative to a representative of Consult- ant who is acceptable to City. In the event of said request, City shall give Consultant at least thirty (30)days' prior written notice of such request for change. Article VI: Responsibility of Consultant The Consultant is hired to render a professional service only, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant may make.in the course of the ._ a I. -3- project. The Consultant makes no warranty, either expressed or implied, as to Consultant's findings, recommendations, or professional advice other than they were promulgated after following a practice usual to the consultant profession. Article VII: Suspension or Termination of Services This agreement may be terminated by either party upon tendering thirty (30)days' written notice to the other party. the Consultant shall be paid for the work accomplished to the date of termination. Upon request of the City, the Consultant shall assemble the work product and put In the event of termination, same in order for proper filing and closing and deliver said product to the City. In such event, the Consultant shall be paid for said final work in accordance with Article 111. Article VIII: Status of the Consultant The Consultant shall perform the services provided for herein in Consultant's own way as an independent consultant and in pursuit of consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the representative assigned to the City. Article IX: Ownership of Documents . .. All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City whether the work for which they are made be executed or not. documents, plans, specifications, drawings, reports and studies shall be delivered In the event this contract is terminated, all forthwith to the City. The Consultant may retain copies. Article X: Hold Harm1 ess Agreement The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries to or death of them caused by or resulting from any act of negiligence of Consultant or Consultant's .. I. I , connection with the construction of the project shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, a -4- agents, employees or representatives. and save free and harmless the City and its authorized agents, officers, and Consultant further agrees to indemnify employees against any of the foregoing liabilities and claims therefor, and ani cost and expense that is incurred by the City on account of any claim therefor, including claims by reason of defects in any plans and specifications. Article XI: Assignment of Contract The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder without prior written consent of the City. Article XII: Subcontracting If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the per- sons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. contained in this contract shall create any contractual relationship between any Nothing subcontractor of Consultant and the City. tractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. The Consultant shall bind every subcon- Article XIII: Prohibited Interest - No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction, or material supply contractor, or any subcontract in -5- Employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this t contract or any part thereof. Article XIV: Verbal Agreement or Conversation No verbal agreement 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 entitle the Consultant to any additional payment whatsoever under the terms of this contract. I Article XV: Successors or Assigns Subject to the provisions of Article X, all terms, conditions and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors , administrators , successors, and assigns. Article XVI: Effective Date This contract shall be effective on and from the day and year f i rst above wri t ten. IN WITNESS WHEREOF, we have hkreunto set our hands and seals. CITY OF CARLSBAD KERCHEVAL AND ASSOCIATES By ATTEST : ,’ ;t , ._ 0 EXHIBIT A SCOPE OF WORK 4 1. SITE PLAN TENTATIVE PLANS AND APPLICATION CRITERIA FOR THE CARLSBAD BOULEVARD BRIDGE OVER AGUA HEDIONDA LAGOON INLET Prepare a base topographic map and site plan showing existing ground contours, topographic features such as existing roadway and bridge and limits of the lagoon inlet and jetties. The limits of the site plan should be from Tamarack Avenue to the north and sufficiently far south to include the bridge approach and any roadway realignment. 2. GEOMETRI CS Prepare the preliminary horizontal and vertical alignment for the proposed bridge structure and roadway approaches. 3. BRIDGE DESIGN Prepare a preliminary design report recommending the best bridge design. Bridge type and span lengths should be determined. At least two alternatives should be investigated and primary consideration should be given to cost-effect- iveness. Other factors to consider are: (c) construction cost , (d) mai ntai nabi 1 i ty and (e) aesthetics . 4. ’ CONSTRUCTION METHOD (a) structural elements, (b) materials, Primary consideration should be given to the feasibility and desirability of a partial demolition of the existing structure and staged construction of the new bridge. Alternatives to investigate are construction of the new bridge adjacent to the old one and construction of a temporary detour structure, removal of the old bridge and construction of the new bridge in the same location. to consider are: (a) maintenance of traffic, (b) right-of-way requirements, Factors (c) environmental considerations and (d) roadway alignment. EXHIBIT A -2- 5. RIGHT-OF-WAY A preliminary right-of-way map shall be prepared showing existing highway right-of-way, adjacent property owners, and right-of-way requirements for the proposed project including temporary construction easements. t Identify any relocation assistance requirements. , 6. UTILITIES Existing utilities in the bridge structure and any other utilities to be affected by construction should be determined. A conceptual plan for reloc- ating utilities and maintaining service should be developed. 7. COST ESTIMATE A preliminary cost estimate shall be prepared for construction of the bridge. The cost estimate shall be adequate to meet the requirements of the CALTRANS Field Review Form. The cost estimate should include the follo,ving items: bridge construction, existing bridge removal , bridge detour (if required) and construction engineering. right-of-way acquisition, uti1 ity relocation, roadway approach construction, 8. FIELD REVIEW A. Field Review Form . Complete CALTRANS "Field Review Form'' using the results of the above Include attachment sheets as required according to the instructions of the data. "Field Review Form." - B. Initial Study Complete the CALTRANS "Initial Study Form", the "Initial Study Supplement" and the "Environmental Significance Check1 ist" to determine the nature and category of environmental impacts of the project. 7 p , '..'b EXHIBIT A C. Field Review 3 -3 - Attend the field review of the project along with City, CALTRANS and other agencies' representatives. Be prepared to explain and describe proposed project and discuss possible modifications if requested by CALTRANS. 9. COORDINATION Assist the City with its application to CALTRANS for funding under the 1978 Highway Bridge Replacement and Rehabilitation Program, by: a. Determining affected and interested agencies. b, Holding discussion with CALTRANS and City Officials on alternative proposals . c. Securing agreement with CALTRANS on design features and exceptions to standards. .. d. Determining public hearing requirements. e* Assisting the City in determining methods of funding and Federal participation. f. Recommending a method for advertising, awarding and administering the project. Providing schedules to a target advertising date. g. -c