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HomeMy WebLinkAbout1983-06-21; City Council; Resolution 7264. h 3 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 7264 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BERRYMAN AND STEPHENSON, INC. FOR DESIGN OF STREETSCAPE IMPROVEMENTS. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Berryman and Stephenson, Inc., for design engineering services for the Streetscape Improvements to State Street and Grand 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 an directed to execute said agreement for and on behalf of the City of Carl sbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 21st day of June Y 1983, by the following vote, to wit: AYES : NOES: None ABSENT: None Council =rs Casler, Lewis, Kulchin, Chick and Prescott L LdL MARY HJ CASLER, Mayor ATTEST: (SEAL) AGREEMENT FOR CONSULTANT SERVICES FOR THE DESIGN OF STREETSCAPE IMPROVEMENT ON STATE STREET AND GRAND AV'ENUE THIS AGREEMENT, made and entered into as of the day. of 9 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and BERRYMAN AND STEPHENSON, INC., hereinafter referred to as 'Consultant .I1 RECITALS WHEREAS, City requires the services of an engineering consultant firm to provide the necessary architectural/engineering services for preparation of final plans and specifications for the improvements of State Street from Elm Avenue to Grand Avenue, and Grand Avenue from Madison Avenue to the.Alley west of State Street; and Consultant possesses the necessary skills and qualifications to provide the services required by City; MOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: (1) CONSULTANT'S OBLIGATIONS The complete design of State Street from Elm Avenue to Grand Avenue, and Grand Avenue from Madison Avenue 'to the Alley west of State Street is the basis of the scope of work for this project. In order to assure maximum beneficial inter.action between City and Consultant, the total design package will include first a preliminary design package and then a final design package. The preliminary design package shall consist of: (A) All survey work necessary to obtain precise and clear location of all street facilites and rights-of-way and adjacent affected facilities. Survey work shall be submitted to the City for a permanent record. Spike and tin points shall be provided to fix control lines in the field. (B) Utility research and tentative disposition or relocations of each item. (C) A preliminary layout of various alternatives. (D) Outline of potential design alternatives with cost data. (E) Various architectural treatment alternatives of items to be used in the street right-of-way. The preliminary package will be reviewed and approved by the City Engineer. When the preliminnary design package is approved, work on the final design package will immediately begin. The final design package will include a complete set of reproducible plans. No separate payment will be made for reproductive services. Drawings are to be neat, legible, and technically complete with dimensions to all installations. The type, quality, and quantity of all materials required shall be clearly indicated. The following items shall be submitted with the final drawings: (A) Complete quantity, structural, hydrology, and hydraulic calculations necessary for the design of the proposed storm drain or structural facilities. 7 . .. (6) 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). (C) 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. (D) The following items should appear on the final drawings (this list is indicative, not exhaustive): (1) A plan and profile of the street reconstruction work, including sidewalk replacement, cross gutters, curb and gutters, and street furniture. (2) Interfering utilities shall be shown with current ownership and proposed dispostion. (3) Final striping geometrics shall be provided. Convert diagonal parking on Grand Avenue to parallel. (4) Special treatments on the four corners of State Street and Elm Avenue as well as Madison Avenue and Grand Avenue. (5) Modifications required to signals and street lighting systems. (6) A median design shall be included on Grand Avenue from Madison Avenue to the alley west of State Street. (7) Landscaping, irrigation, and electrical outlets to enhance each street shall be included. Palm trees shall be replaced on State Street. (8) Signature block for the City Engineer. (E) Specifications shall be provided in conformance with City Standards and requirements. Re'cent specifications will be available upon request for 'guidance. (F) Any necessary provisions for staged construction, minimizing business disruption, including traffic control, shall be provided. (G) Final detailed construction cost estimate. (H) Fifty copies of plans and specifications for publication after final approvals. (I) All plans and specifications, and submitted items shall be developed in a form satisfactory to H.U.D. and tke City. (J) Certification by a soils engineer shall be provided for the stability of structures and pavements against failure. R-values and street section design shall be provided at not more than 1000-foot intervals. (2) CITY'S OBLIGATIONS The City shall provide: (A) All currently available record data available in its files. (B) Ten sheets of blank mylars or plan and profile mylars. (C) Payment of approved invoices within 30 days. (3) PROGRESS AND COMPLETION The work under this contract of the preliminary package will' begin within 10 days after receipt of notification to proceed by the City and be completed within 45 days of that date. The work under this contract of the final package will begin within 10 days after receipt of approval of the prelimminary package by the City and be completed within 45 days of that date. Extensions of time for final submittal may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated 9 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. (4) FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to paragraph (5) shall be $24,200. No other compensation for services will be allowed except those items covered by supplemental agreements per paragraph (I), Changes in Work. (5) PAYMENT OF FEES Consultant shall be entitled to a 25% lump sum fee at the time of approval of the preliminary design package. Thereafter, Consultant M~.Y submit evidence in the form of draft plans, specifications, and ducuments as evidence of progress of work for an incremental progress payment of 50% of the lump sum fee (up to a total of 75% of the lump sum fee with the preliminary design package) prior to submission of final design package. Upon approval of the final design package, an additional 20% will be paid (for a total of 95% of the lump sum fee). The remaining 5% shall be paid at the 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. (6) FINAL SUBMISSIONS Within 15 days of completion and approval of the final designs, the Consultant shall deliver to the City the following items: ~ (A) Fifty copies of the plans and specifications in a form suitably bound and on white paper. A reduced set of drawings shall be bound into each set of specifications. (B) Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. .. (7) CHANGES IN WORK If, in the course of this contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining 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 be prepared 'by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consult'ant or City shall be ordered by the,City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. (8). 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 Car 1 s bad. . (9) COVENENT AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, 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 contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul th.is agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (10) NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regard i ng nond i scri min at i on. (11) TERMINATION OF CONTRACT In the event of the Consultant's failure'to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance 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. The City 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 having the e 0 contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. Final payment shall be in compliance with the Code of Federal Regulations. *( 12) DISPUTES If a dispute should arise regarding the performance of work under this agreement, the follow'ing procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of 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. I3 (13) RESPONSIBILITY OF THE .CONSULTANT ' The Consultant is hired to render professional services for preparation of final plans and specifications for Streetscape and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications and estimates furnished with Registered Civil Engineer's number, or landscape Architect's registration number. (14) SUSPENSION OR TERiYINATIgN OF SERVICES This agreement may be term-inated by either party upon tendering 30 days written notice to the other party. In the event of such suspension or 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. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The Eity shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. (15) 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 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 personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. (16) CONFORMITY TO LEGAL RE,QUIREMENTS ' The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The city will provide copies of the approved plans to any other agencies. (17) 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 execu'ted or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall. have the right to make one copy of the plans for his/her records. (18) HOLD HARMLESS AGREEMENT ?he 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 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 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 ana specifications, unless the liability or claim is due-, or arises olrt of, solely to the City's negligence. /s - (19) 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. .(zo) 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 of Consultant and the City. The Consultant shall bind every subcontractor 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. (21) 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 ar 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. No officer, 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 simiqar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (22) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, o,r 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. (23) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (18), Hold Harmless Agreement, all terms, conditions, a'nd provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (24) EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. (25) CONFLICT CF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. - IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD CONSULTANT NARY H. CASLER, Mayor -w- ATTEST: City Clerk Title APPROVED AS TO FORM: Assistant City Attorney