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HomeMy WebLinkAbout1977-09-06; City Council; Resolution 51951 ~ I 1. That that certain agreement between the City of Carlsbad and Mohle, 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 18 19 20 21 22 Exhibit 6 RESOLUTION NO. 5195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOHLE, PERRY AND ASSOCIATES FOR ENGINEERING SERVICES NECESSARY TO DESIGN A COASTAL BICYCLE ROUTE THROUGH THE CITY ON CARLSBAD BOULEVARD The City Council of the City of Carlsbad does hereby resolve as follows: Perry and Associates for engineering services necessary to design a coastal bicycle route through the City on Carlsbad Boulevard, a copy of which is at- // tached hereto, marked as Exhibit 2, and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and di- rected 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 City of Carlsbad, California, held the 6th day of Sept.p&pr , 1977, by the following vote to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT : None Councilwoman Casler 23 24 ATTEST : 25 26 27 28 (SEAL) Exhibit 5 e AGREEMENT FOR ENGINEERING SERVICES NECESSARY TO DESIGN A BIKE ROUTE THROUGH THE CITY OF CARLSBAD ON/ALONG CARLSBAD BOULEVARD THIS AGREEMENT, made and entered into as of the 6th day of Sp-er , 1977, by and between the firm of MOHLE, PERRY AND .+*5 4 ASSOCIATES, hereinafter referred to as Consultant, and the CITY OF CARLSBAD, here- inafter referred to as City. ' WITNESSETH WHEREAS, the City requires engineering services necessary to design a bike route, through the City of Carlsbad on/along Carlsbad Boulevard for a dis- tance of 6.2 miles, which will be in accordance with the Circulation Element of the General Plan; and WHEREAS, the City has so icited proposals for assistance; and WHEREAS, the Consultant s a firm of professional engineers spec izing in providing transportation and civil engineering services to public agenc has provided engineering services to cities and counties in the past and has an established reputation; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE 1: Scope of Services a I- es , The Consultant will provide the necessary engineering services as outlined in the request for proposals, dated June 8, 1977, attached hereto and made a part.hereof, including: I. Documenting existing conditions and assembling pertinent data; 2. Preparing and presenting report and design to Parks and Recrea- tion Commiss Carlsbad Bou on and City Council as necessary; 3. Provide forty scale aerial strip maps for the entire length of evard. . ARTICLE I I: Scope of City Staff Assistance The City Engineering Department will provide up to 120 staff manhours of resea'rch and coordination at the request of the Consultant. This staff support - will be available during the three (3) months of the design. ARTICLE I I I: Progress and Completion Services described herein shall begin promptly following written ' authorization by the City. Completion of the work as described in Article I shall be completed within three (3) calendar months. ARTICLE IV: Compensation Fees for services described in Article I of this agreement wi I i be based on costs based on rates in proposal dated July 7, 1977, a copy of which is on file with the City Engineer and is incorporated herein by reference, except 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 Article I shall be $19,400.00. 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 I: 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 VllI: Changes in the Scope of the Pro.iect If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Article I has commenced, the -2- ,I* " .r , h 0 Consultant shall submit his estimate of increased costs to the City ..mager ,x approval prior to undertaking any additional work. ARTICLE IX: Suspension or- Termination of Services The City sha work done under it at any t writing. tn the event I have the right to terminate this agreement and the me without cause by giving the Consultant a notice in >; '. d 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 Consu duct and put the same in proper order for proper f product to the City. ARTICLE X: Status of Consultant tant shalt assemble the work pro- ling and closing and deliver said The Consultant will perform the services provided for herein in his own way as an independent contractor in not as an employee o to the result accomp ARTICLE XI: Owner the City; he shal ished and personne 7ip of Documents 2ursuit of his independent calling and be under the contro assigned to project of the City only as 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 delivered forthwith to the City. c ARTICLE XII: Assignment of Contract The Consultant shall no? assign this contract or any part thereof or any monies due or to become due thereunder without the prior written consent of City Public Works Administrator. ARTICLE XIII: Subcontractor The Consultant shall not subcontract any of the work to be performed under this agreement without approval of the City. If subcontracting is approved, -3- the Consultant shal I be ful of his subcontractor and of y responsib the persons 0 e to the City for the acts and omissions either directly or indirectly employed by the subcontractor, as he is for the acts and omissions of persons directly em- ployed by him. relationship between any subcontractor of the Consultant and the City. chitect shal I bind every subcontractor and every subcontracts of a subcontractor by the terms of this agreement applicable to his work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XIV: Prohibited Interest Nothing contained in this contract shall create any contractual The Ar- 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 be- come directly or indirectly interested personal !y in this contract or any part thereof. ARTICLE XV: Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent or em- ployee 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 XVI: Effective Date This contract shal I be effective on and from the day and year first above wr i tten . IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST : MOHLE, PERRY AND ASSOCIATES -BV -4-