Loading...
HomeMy WebLinkAbout1981-05-05; City Council; Resolution 65111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 22 24 25 26 27 28 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E LE 2c 21 22 22 24 2f 26 27 2E 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. . 6 7 E S 1c 11 1: 1' 14 l! 2( 2: 2: 2; 24 21 21 2 2 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 -2- 1 2 3 4 5 6 7 ‘8 9 10 11 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 2E 27 2E E. F. n J. TI. I. J. K. 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 -5- 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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. -4- b' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 21 2: 24 2: 2E 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -6- e 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 2: 24 25 26 27 28 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 -7- 1 2 3 4 5 6 7 a8 9 IC 11 12 12 14 15 1E 17 1€ 1s 2c 21 22 2: 24 2E 2€ 27 2E ;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 -8- , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -9- 1 2 3 4 5 9 10 11 12 13 14 15 16 17 le 19 20 21 22 22 24 , 25 26 27 28 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. -10- i 'I 1 1 1, 1' 12 11 1( 1: 1t 15 2c 23 22 22 24 25 26 27 28 e 0 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD \ 4TTEST : APPROVED'AS TO FORM: L. RAUTEMKRAN -11-