HomeMy WebLinkAbout1994-12-20; City Council; 12959; CONSULTANT AGREEMENT FOR CITYWIDE BICYCLE MASTER PLAN.*
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txhibit e 0
RESOLUTION NO. 94 - 330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAi
CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WI1
KAWASAKI, THEIIACKER, UENO & ASSOCIATES FOR Tk
DNELOPMENT OF A CITYWIDE BICYCLE MASTER PIAN
WHEREAS, the Engineering Department of the CQ of Carlsbad soliciteC
Proposals from consuking firms to prepare a Ciiide Bicycle Master Plan; and
WHEREAS, the firm of Kawasaki, Theilacker, Ueno &Associates was selects
qualified to perform the work; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necess
and in the public interest to award the consultant agreement to Kawasaki, Theile
Associates to provide services for said project; and
WHEREAS, the City of Carlsbad has been granted Transportation Dew
funding in the amount of $5O,OOO to fund said project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
California, as follows:
1. That the above recitations are true and correct.
2. That the consultant fee of $48,058 will be charged to Project Account
81 053453.
3. That the consuttant agreement with Kawasaki, Theilacker, Ueno &
hereby approved and the Mayor is hereby authorized and directed to execute sa
Following the Mayor's signature of said agreement, the Ci Clerk is further
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authorized and directed to forward a copy of said agreement and this resolutior
Theilacker, Ueno & Associates, attention: Michael L Singleton, Principal and Plai
6165 Greenwich Drive, San Diego, California, 92122.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba
held on the 20th day of DECEMBER , 1994 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, H
ATTEST: &t22L5eay
ALETHA L RAUTENKRANZ, City Clerk (SEAL)
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AGREEMENT FOR
PREPARATION OF A CITYWIDE
BICYCLE MASTER PLAN
THIS AGREEMENT, made and entered into as of thewday of @k&
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred
"City", and KAWASAKI, THEILACKER, UENO AND ASSOCIATES, hereinafter referred
"Consultant".
RECITALS
City requires the services of Kawasaki, Theilacker, Ueno and Associates to provi
necessary consulting services for preparation of a Citywide Bicycle Master Plan; and Con!
possesses the necessary skills and qualifications to provide the services required by the
NOW, THEREFORE, in consideration of these recitals and the mutual covenants con
herein, City and Consultant agree as follows:
1. CONSULTANTS OBLlGATlONS
The scope of work for the preparation of a Citywide Bicycle Master Plan includes thc
set forth below:
A. Conduct an inventory of existing bicycle routes, plans, standards and (
including:
1) Review of Carlsbad's proposed General Plan Circulation Elemenl
and objectives as well as the designated Bicycle Routes with
boundaries.
Review of adjacent bicycle route plans for the Cities of Oceanside
San Marcos and Encinitas.
Review the Carlsbad City Standards and design criteria for issues r
to bicycle usage.
Review the City's Open Space and Conservation Resource Manas
Plan for issues related to bicycle usage.
2)
3)
4)
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5)
6)
Field review existing and proposed bicycle routes to identify
characteristics, existing signage and existing support facilities.
Assess the adequacy of existing and proposed bicycle routes, signagc
design criteria and make recommendations of measures to impro
upgrade existing bicycle routes.
6. Prepare a recommended bicycle route plan, a set of design criteria an
appropriate signage program to include:
1) Forecasting and analysis of future bicycle route demands based upa
City's current General Plan, Zoning and upon regional needs.
Survey existing bicyclists to identify travel characteristics, user profile
summary analysis of the survey responses to the City.
Prepare a map of existing and recommended future bicycle routes.
routes should consider adopted land uses, transportation interf
constructability, user needs, environment opportunities and constr
city goals and objectives. Route selection should also conside
commuting needs of recreational and utilitarian bicyclists, emplo
business people, shoppers and students. Transportation interface
include, but not be limited to, coordination with other modt
transportation so the user may employ multiple modes of transpottat
reach destinations.
Facilities shall be established in a manner consistent with the adc
Land Use Element. Future land and transportation planning efforts
include the non-motorized conveyance as a legitimate and desirable
of transportation.
Prepare a set of recommended bicycle route design and constn
guidelines to include at a minimum: bicycle furniture, signage, staginc
informat ion, interpretive information, rout e markers, reg ional bicycle
signage, road signage, single use routes, joint use routes, on-street bi
lanes, and regional trail and bike lane connections.
Provide a bicycle route summary to include route segment descrip
linear distances, route characteristics, facility amenities, destination p
etc.
The consultant shall prepare a specific section within the Bicycle Master
document highlighting the regional Coastal Rail Trail project and provide a Coastal Rail
Concept Plan for that portion of this project within the city boundaries.
2) user needs. The consultant shall provide a copy of the surveys I
3)
4)
5)
C.
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D. The consultant should anticipate, but not be limited to, the following meetir
1) Meeting with City staff to include:
8 One (1) kick-off meeting
8
Host one (1) public workshop to be held in a City facility to obtain
consultant shall provide all necessary handouts, exhibits and visual
for the workshop.
3) One (1) Planning Commission meeting
4) One (1) City Council meeting
Prepare the following draft and final reports:
1)
Two (2) issue resolution meetings
One (1) draft plan review meeting
2) from interested members of the public and bicycle advocacy groups
E.
Draft Report - Provide five (5) copies of a complete draft report inch
route maps and report text.
Final Report - Provide the following:
a.
b.
c.
d.
2)
50 bound copies of the Final Report including route maps anc
One (1) unbound original set of the Final Report.
One (1) proof copy of all maps.
Maps shall be submitted on computer disk compatible wit
City’s Geographic Information System (GIs).
Text shall be submitted on computer disk in Wordperfec
format . e.
2. CITY OBLIGATIONS
The City shall provide:
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A copy of the Circulation Element of the General Plan.
A copy of the Open Space and Conservation Resource Management Plan,
Copies of bicycle accident reports.
a Copies of the existing topographic mapping,
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3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of notificatic
proceed by the City and be completed within 240 days of that date. Extensions of time rn
granted if requested by the Consultant and agreed to in writing by the Project Manager.
Project Manager will give allowance for documented and substantiated unforeseeable
unavoidable delays not caused by a lack of foresight on the part of the Consultant, or dl
caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, 'Payment of F
and shall be $48,058. No other compensation for services will be allowed except those I
covered by supplemental agreements per Paragraph 8. "Changes in Wark.N The City resew
right to withhold a ten percent (10%) retention until the project has been accepted by the
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The COI
may be extended by the Cw Manager for one (1) additional one (1) year periods or parts thc
based upon a review of satisfactory performance and the City's needs. The parties shall prc
extensions in wilting indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
On the 10th working day of each month, consultant shall submit his/her invoice for
performed during the prior month. Payment of approved items on the invoice shall be mail
the Consultant prior to the 28th day of the month the invoice was submitted.
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7. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the final Master Plan documerr
Consultant shall deliver to the City the following items:
H
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50 bound copies of the Final Report including route maps and text.
One (1) unbound original set of the Final Report.
One (1) proof copy of all maps.
Maps shall be submitted on computer disk compatible with the City's Geogr
I nfarmation System (GI S).
Text shall be submitted on computer disk in Wordperfect 5.1 format. w
0. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Consultant or the Cit)
informal consultations with the other party indicate that a change in the conditions of the COI
is warranted, the Consultant or the City may request a change in contract. Such changes
be processed by the City in the following manner: A letter outlining the required changes
be forwarded to the City by Consuttant to inform them of the proposed changes along \
statement of estimated changes in charges or time schedule. A supplemental agreemenl
be prepared by the City and approved by the City according to the procedures descrit
Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not F
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any comps
person, other than a bona fide employee working for the Consultant, to solicit or secur
agreement, and that consultant has not paid or agreed to pay any company or person,
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than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any t
consideration contingent upon, or resulting from, the award or making of this agreement.
breach or violation of this warranty, the City shall have the right to annul this agreement wi
liability, or, in its discretion, to deduct from the agreement price or consideration, or othe
recover, the full amount of such fee, commission, percentage, brokerage fees, gil
contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding nondiscrimini
11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute, deliver, or perform the wo
provided for in this contract, the City may terminate this contract for nonperformance by not
the Consultant by certified mail of the termination of the Consultant. The Consultant, there[
has five (5) working days to deliver said documents owned by the City and all work in pro(
to the Project Manager. The Project Manager shall make a determination of fact based up(
documents delivered to City of the percentage of work which the consultant has perfc
which is usable and of worth to the City in having the contract completed. Based up01
finding as reported to the City Manager, the Manager shall determine the final payment 1
contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreemer
following procedure shall be used to resolve any question of fact or interpretation not oth6
settled by agreement between parties. Such questions, if they become identified as a c
a dispute among persons operating under the provisions of this contract, shall be reduc
writing by the principal of the Consultant or the City Project Manager. A copy of
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documented dispute shall be fotwarded to both parties involved along with recommen
methods of resolution which would be of benefii to both parties. The City’s Project Managc
principal receiving the letter shall reply to the letter along with a recommended methot
resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggric
party, a letter outlining the dispute shall be fonnrarded to the City Council for their resoli
through the Office of the City Manager. The City Council may then opt to consider the dire
solution to the problem, In such cases, the action of the Crty Council shall be binding upor
parties involved, although nothing in this procedure shall prohibit the parties seeking reme
available to them at law.
13. SUSPENSION OR TERMlNATlON OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) days WI
notice to the other party, In the event of such suspension or termination, upon request o
C‘ity, the Consultant shall assemble the work product and put same in order for proper filing
closing and deliver said product to City. In the event of termination, the Consultant shall be
for work performed to the termination date; however, the total shall not exceed the lump sur
payable under paragraph 4. The City shall make the final determination as to the portio1
tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s own wz
an independent contractor and in pursuit of Consultant’s independent calling, and not a
employee of the City. Consultant shall be under control of the City only as to the result 1
accomplished, but shall consult with the City as provided for in the request for proposal.
persons used by the Consultant to provide services under this agreement shall not be consic
employees of the City for any purposes whatsoever.
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The Consultant i$ an independent contractor of the C'w. The payment made tc
Consultant pursuant to the contract shall be the full and complete compensation to whicl
Consultant is entitled. The City shall not make any federal or state tax withholdings on beh
the Consultant or his/her employees or subcontractors. The City shall not be required to pa!
workers' compensation insurance or unemployment contributions on behalf of the Consults
his/her employees or subcontractors. The Consultant agrees to indemnify the City for an]
retirement contribution, social security, overtime payment, unemployment payment or wor
compensation payment which the City may be required to make on behalf of the Consulte
any employee or subcontractor of the Consultant for work done under this agreement,
The Consultant shall be aware of the requirements of the Immigration Reform and Cc
Act of 1986 and shall comply with those requirements, including, but not limited to, veriiin
eligibility for employment of all agents, employees, subcontractors and consultants tha
included in this agreement.
15. CONFORMITYTO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all applic
requirements of law: federal, state and local. Consultant shall provide all necessary suppc
documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein require
the property of the City, whether the work for which they are made be executed or not. I
event this contract is terminated, all documents, plans, specifications, drawings, reports
studies shall be delivered forthwith to the City. Consultant shall have the right to make or
copy of the plans for hisfher records.
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17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the work purs
to this contract shall be vested in City and hereby agrees to relinquish all claims to :
copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pena
fines, or any damage to goods, properties, or effects of any person whatever, nor for pers
injuries or death caused by, or resulting from, any intentional or negligent acts, error
omissions of Consultant or Consultant’s agents, employees, or representatives. Consi
agrees to defend, indemnify, and save free and harmless the City and its officers and emplo
against any of the foregoing claims, liabilities, penalties or fines, including liabilities or clain
reason of alleged defects in any plans and specifications, and any cost, expense or attori
fees which are incurred by the City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Cansuttant shall not assign this contract or any part thereof or any monies
thereunder without the prior written consent of the Clty.
20. SUBCONTRACTING
If the ConsuRant shall subcontract any of the work to be performed under this cor
by the Consultant, Consultant shall be fully responsible to the City for the acts and omissic
Consultant’s subcontractor and of the persons either directly or indirectly employed b
subcontractor, as Consultant is for the acts and omissions of persons directly employe
Consultant. Nothing contained in this contract shall create any contractual relationship bet
any subcontractor of Consultant and the City, The Consultant shall bind every subcontractc
every subcontractor of a subcontractor by the terms of this contract applicable to Consul
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work unless specifically noted to the contrary in the subcontract in question approved in wri
by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to negoti
make, accept, or approve, or take part in negotiating, making, accepting, or approving of
agreement, shall become directly or indirectly interested personally in this contract or in any
thereof. No officer or employee of the City who is authorized in such capacity and on behe
the City to exercise any executive, supervisory, or similar functions in connection with
performance of this contract shall become directly or indirectly interested personally in
contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATlON
No verbal agreement or conversation with any officer, agent, or employee of the
either before, during or after the execution of this contract, shall affect or modify any of the tr
or obligations herein contained nor entitle the Consultant to any additional payment whatsc
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, @Hold Harmless Agreement,@ all tc
conditions, and provisions hereof shall inure to and shall bind each of the paflies hereto,
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 written above
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
conflict of interest code, that the Consultant will not be required to file a conflict of in
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statement as a requirement of this agreement. However, Consultant hereby acknowledges
Consultant has the legal responsibility for complying with the Political Reform Act and no1
in this agreement releases Consultant from this responsibility.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance, autom
liability insurance, and a combined policy of worker’s compensation and employers lia
insurance from an insurance company authorized to do business in the State of California \n
meets the requirements of City Council Resolution No. 91 -403 in an insurable amount of no1
than one million dollars ($1,000,000) each, unless a lower amount is approved by the CF
Attorney or the City Manager. This insurance shall be in force during the life of this agree
and shall not be canceled without thirty (30) days prior written notice to the City sent by cei
mail.
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The City shall be named as an additional insured on these policies. The Consultan
furnish certificates of insurance to the City before commencement of work.
Executed by Consultant this I$ day of .~WV&QC , 19%.
CONSULTANT: CITY OF CARLSBAD, a municipal
KAWASAKI, THEILACKER, UENO AND
ASSOCIATES
(sign here) /TL,71/& H. KdUdSir/tsl' ATTEST:
M/U7ddA- ZC&&,~P-
(print name here) Kz&A )9??SY#Zt
fiCc -Z&CW' ~SCC. (title
and organization of signatory) ALETHA L RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporati
only one officer signs, the corporation must attach a resolution certified by the secre
assistant secretary under corporate seal empowering that officer to bind the corporatior
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY -- REN J. HIRATA /2.2/. 44.
Deputy City Attorney
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ACKNOWLEDGMENT
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) ss.
On December 2, 1994, before me, Teresa A. Peru, No Public, personally appeared Michael Theilacker, known to mc proved to me on the basis of satisfactory evidence to be person (s) whose name (s) is subscribed to the within instrument acknowledged to me that he executed the same in his author
capacity(ies), and that by his signature(s) on the instrument person(s) , or the entity upon behalf of which the person(s) ac
executed the instrument.
Witness my hand and official se 1. Awe Notary Public 0% Q-
My commission expires: 2/9/9(