HomeMy WebLinkAbout1981-05-05; City Council; Resolution 65111
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RESOLUTION NO. 6511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND MOHL,
PERRY AND ASSOCIATES FOR PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE DESIGN OF WIDENING
TAMARACK AVENUE BETWEEN CARLSBAD BOULEVARD
AND HIGHLAND AVENUE
The C ty Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That certain agreement between the City of Carlsbad and Mohl,
Perry and Associates for preparation of Plans and Specifications for the
design for widening Tamarack Avenue, between Carlsbad Boulevard and High-
land Avenue, a copy of which is attached hereto and incorporated 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 regular meeting of the City Council
of the C f\ ty of Carlsbad held the 5th day of May , 1981, by the
following vote, to wit:
AYES: Council Wers Packard, Cask, Anear, LaJis and Kulchin
NOES: None
ABSENT: None
ATTEST :
I
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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AGREEMENT FOR CONSULTANT SERVICES
FOR DESIGN OF TAMARACK AVENUE FROM CARLSBAD BOULEVARD TO HIGHLAND DRIVE
THIS AGREEMENT, made and entered into as of the 19 '' day of
A , 19a, by and between the CITY OF CARLSBAD, a municipal corpora-
tion, hereinafter referred to as "City", and Mohle, Perry and Associates, a
consulting firm, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, the City requires the services of an engineering con-
sulting firm to provide the necessary engineering services for design of
Tamarack Avenue from Carlsbad Boulevard to Highland Drive; and
WHEREAS, Consultant possesses the necessary skills and qualifi-
cations to provide the services required by the City;
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I: SCOPE OF CONSULTANT SERVICES
The complete redesign and upgrading of Tamarack Avenue from
Carlsbad Boulevard to Highland Drive is the basis of the scope of work for this
project.
and Consultant, the total design package will include first a preliminary design
package and then a final design package.
In order to assure maximum beneficial interaction between the City
The preliminary design package shall consist of:
A. All survey work necessary to obtain precise and clear location of all
street facilities and rights-of-way and adjacent affected facilities. Sur-
vey work shall be submitted to the City for a permanent record.
tin points shall be provided to fix control lines in the field.
Utility research and tentative disposition or relocations of each item.
A preliminary layout of any alternatives proposed.
Spike and
B.
C.
D. Outline of potential design alternatives with cost data.
The preliminary package will be reviewed and approved by the City Engineer.
.
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hen the preliminary design package is approved, a "Motice to Proceed" will be
ssued to begin with the final design package.
The final design package will include a complete set of repro-
ucible plans.
rawings are to be neat, legible and technically complete with dimensions to
11 installations. The type, quality and quantity of all materials required
hall be clearly indicated. The followinp items shall appear on the final
rawings:
No separate payment will be made for reproductive services.
Complete quantity, structural and hydraulic calculations necessary for the
design of the proposed storm drain or structural facilities.
A complete set of reproducible plans on mylar or linen base (ten blank
mylars or linens will be provided by the City at no charge).
Plans and specifications shall be certified as to correctness and signed
by a registered civil engineer and/or structural engineer, and R.C.E.
number provided.
The following items should appear on the final drawings (this list is
indicative, not exhaustive) :
I. A plan and profile of the street reconstruction work.
shall be shown on the drawings with dimensions.
Interfering utilities shall be shown with current ownership and pro-
posed disposition.
Property lines
2.
3. Final striping geometrics shall be provided.
4. Where structural items are to be used, a structural steel schedule shall
be provided with dimensions and quantities of all steel required.
Modifications required to signals, railroad and street 1 ighting systems.
Consultant shall meet with the Railroad and discuss plans for the grade
5.
crossing. The des
con tract.
gn of a grade separation is not a part of this
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6. Aerial photos may be used, but contouring is not required.
drawing shall not be placed on top of any aerial used.
Signature block for the City Engineer.
The design
7.
8. Leqal descriptions and plats of all parcels to be acquired. The legal
and plat shall he in a form that can be placed in an easement or grant
deed.
Specifications shall be provided in conformance with City Standards and
requirements. Recent specifications will be available upon request for
guidance.
Any necessary provisions for staged construction, including traffic control,
shall be provided.
Final detailed construction cost estimate.
Fifty copies of plans and specifications for pub1 ication after final
approvals.
All plans and specifications and submitted items sha
form satisfactory to the City.
1 be developed in a
Certification by a soils engineer shall be provided for the stability of
structures and pavements against failure. R-Val ues and street section
design shall be provided at not more than 1000-foot intervals.
Records of contacts made with CalTrans and the railroad concerninq the
grade crossing and incorporation of recommendations into plans.
ARTICLE 11: PROGRESS AND COMPLETION
The work under this contract wil
receipt of notification to proceed by the City.
he submitted within three months of that date.
be submitted within five months of Notice to Proceed after approval of pre-
liminary package.
Consultant and agreed to in writing by the City Engineer.
begin within 15 days after
The preliminary package will
The final design package will
Extensions of time may be granted if requested by the
In consideration
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of such requests, the-City Engineer will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of
foresight on the part of the Consultant, or delays caused by City inaction
or other agencies' lack of timely action.
ARTICLE 111: FEES TO BE PAID TO CONSULTANT
The lump sum fee payable in installments according to Article IV
shall be $50,000.00.
cept those items covered by supplemental agreements per Article VI, Changes
in Work.
ARTICLE IV: PAYMENT OF FEES
No other compensation for services will be allowed ex-
The Consultant shall be entitled to a 27% lump sum fee at the
time of approval of the preliminary design package.
may submit evidence in the form of draft plans, specifications, and other docu-
ments as evidence of progress of work for an incremental progress payment of
50% of the lump sum fee (up to a total of 77% of the lump sum fee with the
preliminary design package) prior to submission of final design package.
approval of the final design package, an additional 18% will be paid (for a
total of 95% of the lump sum fee).
completion of the construction of the project but no later than one year from
the date of 95% completion if all work HAS BEEN APPROVED by the City Engineer.
ARTICLE V: FINAL SUBMISSIONS
Thereafter, Consultant
Upon
The remaining 5% shall be paid at the
Within 15 days of completion and approval of the final design
package, the Consultant shall deliver to the City the following items:
1. Fifty copies of the plans and specifications in a form suitably bound and
on white paper.
of specifications.
Original mylars at scale of the drawings reproducible on standard 24" by
36" sheets.
A reduced set of drawings shall be bound into each set
2.
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3, All final engineering certifications and documents.
ARTICLE VI: CHANGES IN WORK
If, in the course of this contract and design, changes seem
merited by the Consultant or from the City and informal consultations with the
other party indicate that a change in the conditions of the contract is war-
ranted, the Consultant or the City may request a change in contract.
changes shall be processed by the City in the following manner:
lininq the required changes shall be forwarded to the City or Consultant to
inform them of the proposed changes along with a statement of estimated changes
in charges or time schedule. After reaching mutual agreement on the proposal,
a supplemental agreement shall he prepared by the City and approved by the City
Such
A letter out-
Council. Such supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement. Changes requiring immediate action by the
Consultant or City shall be ordered by the City Engineer who will inform a prin-
cipal of the Consultant's firm of the necessity of such action and follow up
dth a supplemental agreement covering such work.
ARTICLE VII: DESIGN STANDARDS
The Consultant shall prepare the plans and specifications in
accordance with the design standards of the City of Carlsbad and recognized
current design practices. Applicable City of Carlsbad standards and regional
standards shall be used where appropriate. Copies of such standards shall be
obtained from the City of Carlsbad or County of San Diego.
ARTICLE VIII: COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he/she has not employed or retained
any company or person, other than a hona fide employee working for the Con-
sultant, to solicit or secure this aqreement, and that Consultant has not paid
or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other consideration
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contingent upon, or resulting from, the award or making this agreement. For
breach or violation of this warranty, the City shall have the riqht to annul
this agreement without liability, or, in its discretion, to deduct from the
aureement price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE IX: NONDISCRIMINATION CLAUSE
The Consultant shall comply with the nondiscrimination pro-
visions of the State and Local Fiscal Assistance Act of 1972. The Consultant
shall certify to his/her compliance by executinq the attached "Certificate of
Compliance. 'I
ARTICLE X: TERMINATION OF CONTRACT
If the City fails to give notice to proceed with the final design
package, the contract will terminate unless a letter is on file signed by the
Consultant and the City Engineer authorizing extension.
Consultant's failure to prosecute, deliver, or perform the work as provided
for in this contract, the City may terminate this contract for non-performance
by notifying the Consultant by certified mail of the termination of the contract.
The Consultant, thereupon, has five working days to deliver said documents
owned by the City and all work in progress to the City Engineer.
Engineer shall make a determination of fact based upon the documents delivered
to City of the percentage of work which the Consultant has performed which is
usable and of worth to the City in havinq the contract completed. Based upon
that finding, as reported to the City Council, the Council shall determine the
final payment of the contract in compliance with the Code of Federal 4egulations.
ARTICLE XI : DISPUTES
In the event of the
The City
If a dispute should arise reqardinq the performance of work
under this aqreement, the following procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement between
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iarties.
imong persons operating under the provisions of this contract, shall be re-
Auced to writing by the principal of the Consultant or the City Engineer.
:opy of such documented dispute shall be forwarded to both parties involved
ilong with recommended methods of resolution which would be of benefit to both
iarties.
the letter along with a recommended method of resolution within ten days.
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter
Such questions, if they become identified as a part of a dispute
A
The City Enqineer or principal receivinq the letter shall reply to
If
outlining the dispute shall be forwarded to the City Council for their resolu-
tion through the office of the City Manager. The City Council may then opt to
consider the directed solution to the problem.
the City Council shall be binding upon the parties involved, although nothing
in this procedure shall prohibit the parties seeking remedies available to
them at law.
ARTICLE XII: RESPONSIBILITY OF THE CONSULTANT
In such cases, the action of
The Consultant is hired to render a professional service only
and any payments made to Consultant are compensation solely for such services
Consultant may render and recommendations Consultant may make in the course of
this project.
and sign with R.C.E. number all plans, specifications and estimates furnished.
ARTICLE XIII: SUSPENSION OR TERMINATION OF SERVICES
Consultant shall certify as to the correctness of all designs
This agreement may be terminated by either party upon tendering
In the event of such suspension or 30 days written notice to the other party.
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said
product to City.
for work performed to the termination date; however, the total shall not exceed
the guaranteed total maximum. The City shall make the final determination as
In the event of termination, the Consultant shall be paid
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;o the portions of tasks completed and the compensation to be made in compliance
iith the Code of Federal Regulations.
\RTICLE XIV: STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in Consultant's own way as an independent contractor and in pursuit of Consul-
:ant's independent calling, and not as an employee of the City.
;hall be under control of the City only as to the results to be accomplished
tnd the personnel assigned to the project but shall consult with the City as
irovided for in the request for proposal.
\RTICLE XV:
Consultant
CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
:onform to all applicable requirements of law, whether Federal, State or local.
:onsultant shall provide the necessary copies of such project drawings and
;pecifications, together with all necessary supporting documents, to be filed
vith any agencies whose approval is necessary.
\RTICLE XVI : OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and specifica-
tions 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
jocuments, plans, specifications, drawings, reports and studies shall be de-
livered forthwith to the City.
4RTICLE XVI I: HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be liable
for any claims, liabilities, penalties, fines, or any damage to qoods, proper-
ties, or effects of any person whatever, nor for personal injuries or death
caused by, or resulting from, or claimed to have been caused by, or resulting
from, any act or omission of Consultant or Consultant's agents, employees or
representatives. Consultant agrees to defend, indemnify and save free and
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harmless, the City and its authorized agents, officers, and employees against
any of the foregoing liabilities or claims of any kind and any cost and expense
that is incurred by the City on account of any of the foregoing liabilities,
including liabilities or claims by reason of alleged defects in any plans and
specifications, unless the liability or claim is due, or arises out of, solely
to the City's negligence.
ARTICLE XVIII: ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written consent of the
City.
ARTICLE XIX: 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 persons either directly or indirectly employed by the subcontractor,
as Consultant is for the acts and omissions of persons directly employed by
Consultant. Nothing contained in this contract shall create any contractual
relationship between any subcontractor and every subcontractor of a subcontractor
by the terms of this contract applicable to Consultant's work unless specifi-
cally noted to the contrary in the subcontract in question approved in writing
by the City.
ARTICLE XX: 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 subcontractor
in connection with the construction of the project, shall become directly or
indirectly interested personally in this contract or in any part thereof.
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10 officer, employee, architect, attorney, engineer, or inspector
City who is authorized in such capacity and on behalf of the City
my executive, supervisory, or other similar functions in connect
performance of this contract shall become directly or indirectly
personally in this contract or any part thereof.
of or for the
to exercise
on with the
n te re s t ed
lRTICLE XXI: VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
3r 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 agreement.
4RTICLE XXII: SUCCESSORS OR ASSIGNS
Subject to the provisions of Article XVII, Hold Harmless
4greement, 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.
4RTICLE XXIII: EFFECTIVE DATE
This contract shall be effective on and from the day and
year first above written.
ARTICLE XXIV: CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement with
the City Clerk of the City of Carlsbad. The Consultant shall report interest
in real property and interest in any business holding real property in the City
of Carlsbad.
ARTICLE XXV: COST REPORT1 NG
Any documentation or written report shall contain in a separate
section the numbers and dollars amount of all contracts and subcontracts relating
to the preparation of the document or report unless less than $5,000.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
\ 4TTEST : APPROVED'AS TO FORM:
L. RAUTEMKRAN
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