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HomeMy WebLinkAbout1977-07-06; City Council; Resolution 51381 2 3 4 5 6 7 E s 1c 11 12 12 14 1: 1c 1: It 1s 2( 21 2: 2: 2L 2: 2( 2: 2t RESOLUTION NO. 5138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTON PRINGLE AND ASSOCIATES FOR ENGINEERING SERVICES NECESSARY TO CONDUCT A TRAFFIC ANALYSIS STUDY OF THE VEHICU- LAR TRAFFIC AND PEDESTRIAN PROBLEMS BETWEEN THE PLAZA CAMINO REAL AND MARRON ROAD. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and Weston Pringle and Associates for engineering services necessary to conduct a traffic analysis study of the vehicular traffic and pedestrian problems between the Plaza Camino Real and Marron Road, a copy of which is attached hereto marked Exhibit A 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 Carlsbad City Council held on the 6th day of July , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas7 er ABSENT: None ATTEST : , City Clerk (SEAL) ROBERT H4dp- C. FRAZEE, May .. AGREEMENT FOR ENGINEERING SERVICES NECESSARY TO CONDUCT A STUDY TO ANALYZE THE TRAFFIC IMPACTS TO THE EXISTING STREET SYSTEM CREATED BY THE PROPOSED EL CAMINO REAL SHOPPING PLAZA EXPANSION THIS AGREEMENT made and entered into as of the 5th * day of July , 1977 by and between WESTON PRINGLE AND AS- SOCIATES, hereinafter referred to as Consultant, and the CITY OF CARLSBAD, hereinafter referred to as City. WITNESSETH WHEREAS, the City requires engineering services to conduct a study to analyze the traffic impacts to the existing street system created by the proposed El Camino Real Shopping Plaza expansion; and WHEREAS, the City has solicited proposals for assistance; and WHEREAS, the Consultant is a firm of professional consul- tants specializing in providing traffic and transportation engineer- ing services to both public and private agencies, has provided con- sulting services to cities and counties in the past, and has an established reputation; and WHEREAS, May Stores Shopping Center, Inc. and the City of Carlsbad have agreed to share the cost of a traffic study of certain traffic problems in connection with the proposed expansion of the Plaza Camino Real Shopping Center; and whereas the City'a"nd May Com- pany have agreed that the City will contract for a traffic study on behalf of the City and May Company; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE IA. Scope of Services The Consultant will provide the necessary engineering ser- vices as outlined below: 1. Compile Existing Data a. Analyze existing traffic volume data and make addi- tional counts where necessary. b. Review existing accident reports applicable to the study area. 2. Traffic Projection and Assignment a. Project traffic for the proposed 450,000 square foot addition. b. Distribute traffic along Marron Road and estimate turning movements at proposed access (driveway) locations. c. Establish the number and width of traffic lanes, me- dian channelization (if necessary), and any special turning lanes on Marron Road. 3. Geometric Analysis a. Recommend traffic control devices (stop signs, parking prohibitions, turn re'strictions, etc.) in conjunction with identifying access (drive- way) locations. b. investigate traffic signalization needs. c. Establish the number and width of traffic lanes, median channelization (if necessary), and any spe- cial turning lanes on Marron Road. 4. Pedestrian Demand a. Evaluate a pedestrian corridor between the two developments north and south of Marron Road. b. Recommend the proper traffic control devices and structures to safely facilitate pedestrians across Marron Road. 5. Prepare report and present recommendations to the Plan- ning Commission and the City Council at one meeting . each. ARTICLE IB. Additional Scope of Services The Consultant may provide the following services to the May Stores Shopping Centers, Inc., which could logically be integrate'd with the Scope of Services outlined in Article IA, and would give the most comprehensive solution to the overall circulation problems: 1. Bus and Bicycle Facilities a. Evaluate bus facilities regarding ingress and egress. (An extremely important aspect to consider is the structural damage to the existing parking lot caused by the wheel loads of the busses.) b. Recommend bus routing. c. Design a loading zone (transfer station). d. Provide storage and routes for bicycles. 2. Parking and Safety Lighting a. Redesign parking lot areas affected by the planned pedestrian and bus loading facilities. b. Recommend the necessary safe street lighting for both Marron Road and the internal changes to the parking lot. ARTICLE 11. Scope of City Staff Assistance The City Engineering Department will provide up to 40 staff man-hours of assistance at the request of the consultant for research, accident investigation, making records available, etc. ARTICLE Ill. Progress and Completion Services described herein shall begin promptly following writ- ten authorization by the City. Completion of the work as described in . .. ARTICLE IV. Compensation Article IA shall be completed within three (3) calendar months. (Ar- ticle IB should also be completed within the same three (3) months as Article IA.) Fees for services described in Articles IA and IB of this Agreement will be based on rates in letter dated May 24, 1977; a copy of which is attached hereto and incorporated herein by reference, ex- cept that the total fee for engineering services will not exceed the guaranteed maximum fee given in Article V. ARTICLE V. Guaranteed Maximum Fee The guaranteed maximum fee for services described in Arti- cle IA shall be $3,600.00. The guaranteed maximum fee for services described in Arti- cle IB shall be $600.00, which must be entirely paid by the May Stores Shopping Centers, Inc. ARTICLE Vi. Payment of Fees Charges determined on the basis set forth in Article IV shall be paid monthly, based on the percentage of the total project completed. ARTICLE VI!. Responsibility of Consultant The Consultant is employed herein to render a professional service only, and any payments to him are compensation solely for such services as he may render and recommendations he may make':in the course of this project. ARTICLE VIII. Changes in the Scope of the Project If conditions beyond the control of the Consultant necessi- tate a change in scope of the project a'fter work under Article !A has ' commenced, the Consultant shall submit his estimate of increased costs to the City Manager for.approva1 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 Consul- tant a notice in writing. 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 product and put the same in proper order for proper filing and closing and deliver said product to the 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 indepen- dent calling and not as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. ARTICLE XI. Conformity to Legal Requirements The Consultant shall cause all drawings, recommendations, and specifications to conform to all applicable requirements of law, Federal, State, and local. He shall provide the necessary copies of such drawings, recommendations, and specifications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE Xll. Ownership of Documents All maps, studies, sketches, work sheets, and documents 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 documents, plans, work sheets, etc., shall be de- livered forthwith to the City. ARTICLE Xlll. 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 Public Works Administrator. ARTICLE XIV. Subcontractor The Consultant shall not su-bcontract any of the work to be performed under this Agreement. ARTICLE XV. 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 become directly or indirectly interested personally in this contract or any part thereof. ARTICLE XVI. 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. ARTICLE XVII. Hold Harmless Agreement The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or for any dam- age to goods, properties, or effects of any person whatever, nor for personal injuries to or death of them caused by or resulting from or claimed to have been caused by or resulting from any act or omission of Consultant or his agents, employees, or representatives. Consul- tant further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and ex- pense that is incurred by the City on accouo? of any claim therefor, including claims by reason of alleged defects in the plans and speci- f i ca t ions. ARTICLE XVIII. Effective Date This contract shall be effective on and from the day and year first above written. .. 0 ATTEST: IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD BY Yhiz2& ADAMS, City Clerk WESTON PRINGLE AND ASSOCIATES APPROVED AS TO FORM: BY