Loading...
HomeMy WebLinkAbout1981-05-19; City Council; Resolution 65361 2 3 4 5 6 7 a 9 10 11 12 13 14 1E 1E 17 1€ 1s 2c 21 2z 2: 24 2f 2E 25 2E RESOLUT A RESOLUTION OF THE CITY CALIFORNIA, APPROVING AN CARLSBAD AND CG ENGINEER ON NO. 6536 COUNCIL OF THE CITY OF CARLSBAD, AGREEMENT BETWEEN THE CITY OF NG/JOHN P. LANDRY FOR ENGINEER- ING/ARCHITECTURAL SERVICES FOR THE STREETSCAPE IMPLEMEN- TATION PROGRAM The City Council of the City of Carlsbad, California, does hereby re- solve as follows: 1. That certain agreement between the City of Carlsbad and CG Engineer- ing/John P. Landry for engineering/architectural services for the Streetscape Implementation Program, 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 Car sbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 19th day of &y , 1981, by the following vote, to wit: AYES: NOES: None Council Menhers Packavd, Casler, hear and Lewis ABSENT: Council Mer Ms ATTEST : (SEAL) 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 . AGREEMENT FOR THE STREETSCAPE IMPLEMENTATION PROGRAM , THIS AGREEMENT, made and entered into as of the day of , 1981, by and.between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as l'Cityl', and CG Engineering and John P. Landry, a joint venture, hereinafter referred to as "Consultant1'. WITNESSETH: WHEREAS, the City requires the services of an architectural/ engineering firm to provide the necessary architectural/engineering services for the Streetscape Implementation Program; and cations to prov ARTICLE I: WHEREAS, Consultant possesses the necessary skills and qualifi- de the services required by the City; NOW, THEREFORE, the parties hereunto agree as follows: SCOPE OF CONSULTANT SERVICES The Consultant will perform two tasks: TASK I: A master plan and administrative plan package TASK II: A detailed design and first two improvement packaqes for: A. Roosevelt from Grand to Elm; B. Madison from Grand to Elm. The core area for Task I is shown on the attached map, marked as Exhibit "A", and incorporated herein by reference, and includes: Major Street Improvements 1. Elm Avenue from Madison to 1-5; 2. Grand Avenue from railroad to easterly dead end; 3. State Street from Elm to Grand; . 6 4. Roosevelt from Elm to Grand; 5. Madison from Elm to Grand. /// 0 1 2 3 4 5 6 7 Ei 9 le 11 12 32 14 . 1E 1E 17 I€ 1: 2c 21 2: 2: 24 2E 2f 27 2€ A1 ley Improvements 1. 2. Alley between State and Roosevelt from Elm to Grand; 3. Alley easterly of railroad 'from Elm to Grand; Alley between Roosevelt and Madison from Elm to Grand. Under Task I (master plan and administrative planning package), a report which will develop the conceptual streetscape plan and traffic analyses into a concrete plan of action for the core area will be prepared. inary package for Task I shall consist of a draft of the updated streetscape plan to be approved by City Council prior to proceeding. clude alternatives available. The final package shall consist of the approved final draft of the report. 1. Specific information for street design alternatives. 2. eralized concepts of the streetscape plan. 3. dinated with each other and compatible with the streetscape master plan. final product should be a general "shopping" list so that a property owner can select his/her design preference. Such a facade study shall include three al- ternative facade treatments that are consistent with the streetscape master plar -and ranging in price from $50 to $200 a linear foot. shall be broad enough in design to accommodate coordination among several optior within any particular block. The study shall include design alternatives on both sides of the street for State Street,-Roosevelt Street, Madison Street, Elm Avenue and Grand Aven'ue. The final product will consist of rendered ele- vations of both sides of the street on all of the above-mentioned streets and 1 to convey the design The prelim- Such a draft shall in- The updated streetscape plan should include: Specific provisions for revisions to street architecture to effect the gen- A facade study to develop a "palette" of alternative designs that are coor- The The facade alternatives be presented for avenues. These elevations shall be of sufficient deta alternatives. In addition a rendered perspection shal -2- e 12 13 14 1 2 3 4 5 6 7 '8 9 packages to be performed under administrative plan. 8. staging, the Consultant shall prepare 25 copies of the final report. After final approval of the selection of proposed method of construction lo; 11 ~ each street. A set of specifications shall be provided by Consultant that pro- 1 vides a cost analysis of each alternative. 4. In preparing the revised concepts, the Consultant shall be conceptual ly guided, but not limited, in his/her professional design work by the previously prepared reports. 5. The revised report submitted for adoption shall include a proposal for stag ing for the various concurrent constructjon activities as improvement packages. 6. shall accompany each alternate proposed. The Redevelopment Agency will pro- vide estimates and schedules of funds available for use in this report. 7. A cost and feasibility analysis, including design and construction costs, Prepare cost and pi-el iminary data necessary to prepare a1 1 improvement 16 17 Task il design packaqes will be prepared subsequent to comple- tion of Task I and will contain only design packages for: A. Roosevelt from Grand to Elm; 1811 B. Madison from Grand to Elm. 19 20 Task !I will include the submission of a preliminary design .package consisting of: 2111 1. All survey work necessary to obtain precise and clear locations of all . 2211 street facilities and rights;of-way and adjacent affected facilities. 2311 2. Architectural treatments of street furniture and buildinq facades. 25 26 27 3. 4. A preliminary layout of various alternatives. 5. Outline of potential design alternatives with cost data. Utility research and tentative disposition or relocation of each item. ' The preliminary design package will be reviewed and approved by the City Coun- 28 11 cil. The design package wi 11 be approved by the issuance of a "Notice to -3- 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 Proceed" by the City Engineer and the Redevelopment Director. The final design package sha lowing items: 1. Complete quantity, structural and hydrau design of the proposed faci 1 it ies. 1 contain, as a minimum, the fol- ic calculations necessary for the 2. A complete set of reproducible plans in accordance with City requirements. Drawings shall be neat and legible with dimensions to all installations. Type, quality, and quantity of all materials required should be clearly indicated. 3.' 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 indicative, not exhaustive.) a. A plan and profile of the b. Interfering utilities sha posed disposition. c. Final striping geometrics provided. 4. The following items should appear on the final drawings. This list is street reconstruction work. 1 be shown with current ownership and pro- shall be provided. d. Where structural items are to be used, a structural steel schedule shall be provided with dimensions and quantities of all steel required. e. Modifications required for signal .and street lighting systems. f. Any special methods of placement and shoring or protection of workers required for construction shall be clearly indicated. g. Signature block for the City Engineer. 5. Specifications shall be provided in c'onformance with City Standards and ' requirements. Recent specifications will be available upon request for guid- ance. 6. Any necessary provisions for staged construction, including traffic con- .' trol, shall be provided. - 4- e 1 3 4 7 8 9 10 11 12 13 14 . 15 16 l? 3.8 . 19 20 21 22 23 24 25 26 27 28 7. Final detailed construction cost estimate. 8. Fifty copies of plans and'specifications for publication after final ap- prova 1 s. 9. All plans and specifications and submitted items shall be developed in a form satisfactory to the City. 10. Certification by a soils engineer sha structures and pavements against failure. ARTICLE II: PROGRESS AND COMPLETION 1 be provided for the stability of The work under this contract will begin within 15 days after receipt of notification to proceed by the City and be completed within three months of that date. Progress will be as follows: TASK I Preliminary Package Final Package Time Starting From 2 months 3 months TASK II Prel iminary Package F i na 1 Package 1.5 months 3 months Notice to Proceed Approval of Preliminary Task I Package App rova Pac ka ge Proceed Approva package ' of final Task I or Notice to of preliminary Extensions of time may be granted iferequested by the Consul- tant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give due allowance for documented and substan- tiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consudtant, or delays caused by City inaction or other agen- cies' lack of timely action. ARTICLE Ill: FEES TO BE PAID TO CONSULTANT The lump sum fee payable in installments according to Article Iv shall be $20,700 for Task 1 and $25,450 for Task II. No other compensation - 5- : F c r E 1( 11 1: 1E 1E 17 19 20 21 22 23 24 25 26 27 28 for services will be allowed except those items covered by supplemental agree- ments per Article VI, Changes 'in Work. ARTICLE IV: PAYMENT OF FEES The Consultant shall be entitled to fees accordance with the following schedule: TASK I: Preliminary Package - 55% of Task I fee Final Package - 45% of Task I fee TASK If: Preliminary Package - 25% of Task 11 fee F i na 1 Package - 70% of Task II fee One year or final construction - 5% of Task II fee ARTICLE V: FlNAL SUBMISSIONS Within 15 days of completion and approval of each final pack- age, 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. A reduced set of drawings shall be bound into each set cif specifications. 2. Original mylars at scale of the drawings reproducible on standard.24" by 36" sheets. 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 ir the City may request a change in contnact. Such change shall be processed by the City in the following manner: A letter out- lining the required changes shall be forkrded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes C 1 2 3 4 5 6 7 8 9 10; I1 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 in charges or time schedule. 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 After reaching mutual agreement on the proposal, action by the Consultant 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. ARTICLE VII: COVENANT AGA I NST CONT I NGENT FEES The Consultant warrants that he/she has not employed or re- tained 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 considera- tion 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 this 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 contingerit fee. ARTICLE VIII: DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with recognized current design practices. Carlsbad standards and rGgional standards shall be used where appropriate. Applicable City of Copies of such.standards shall be obtained from the City of Carlsbad. ARTICLE 1X: NONDISCRIMINAT1ON CLAUSE The Consultant shall comply with regulat discriminat ion in federal'ly-assisted programs. The Consu the "Certification of Compl iance", attached ,hereto as Exh - -7- ons relative to non- tant shall execute bit "B" and 1 8 9 10: 11 13 14 15 16 - 17 18 19 20 23 22 23 24 25 26 27 28 incorporated herein by reference, stating that he/she will comply with the provisions of Section 122(a) of the State and Local Fiscal Assistance Act of 1972. ARTICLE X: TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided 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 Con- sultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding, as reported to the City Council, the Council shall determine the final payment of the contract. ARTICLE XI: D I SPUTES If a dispute should arise regarding the performance of work under this agreement, the following 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 ;his contract, shall be re- duced to writing by the principal of the Consultant or the City Engineer. copy of such documented dispute shall be'forwarded to both parties involved A. 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 resolu- tion through the office of the City Manager. The City Council may then opt to -8- I F E E ZC 17 12 12 14 15 16 - 17 18 19 20 21 22 23 24 25 26 21 28 consider the directed solution to the problem. in such cases, the act on of the City Council shall be bind'ing 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 The Consultant is hired to render a professional service only and any payments mad,e to Consultant are compensation solely for such services Consultant may render and recommendations made in the course of this project. Consultant shall certify as to the correctness of all designs and sign with R.C.E. number all plans, specifications and estimates furnished. ARTICLE XIII: SUSPENSION OR TERMINATION OF SERVICES This agreement nay 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 de1:ver 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 ex- ceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. The City and Consultant agree to consider arbitration in the event of a disagree- ment. ARTICLE XIV: STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in his/her own way as an independent contractor and in pursuit of his/her 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. -9- 1 2 3 7 a 9 J.0 11 12 13 14 16 17 18 19 20 21 22 24 25 26 27 28 ARTICLE XV: CONFORMITY TO LEGAL REQUIREMENTS The Consultan; shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State and local., Con- sultant shall provide the necessary copies of such project drawings and speci- fications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE 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. nated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. In the event this contract is termi- ARTICLE XVII: HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liabl for any claims, liabilities, penalties, fines, or any damage to goods, prop- erties, 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 ex- pense that is incurred by the City on account of any of the foregoing liabili- ties, 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 XVtII: ASSIGNMENT OF CONTRACT The Consu tant shall not ass thereof or any monies due thereunder without / -10- gn th prior s contract or any part written consent of the City. 1 2 3 4 5 6 7 8 9 10 13. 32 13 14 15 16 * 17 18 19 20 21 22 23 ' 24 25 26 27 28 ARTICLE XIX: SUB.CONTRACT I NG If the Consultant subcontracts any of the work to be performed under this contract, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's su.bcontractor and of the persons either di- rectly or indirectly employed by the subcontractor, as Consu4tant is for the acts and omissions of persons directly employed by Consultant. Nothing con- tained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every sub- contractor and every subcontractor of a subcontractor by the terms of this con- tract applicable to Consultant's work unless specifically 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. 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 similar functions in connection with the perfdrmance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. ARTICLE XXI: 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 aff;ect or modify any of the terms or obligations herein con- tained nor such verbal agreement or conversation entitle the Consultant to any -1 1- 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 0 additional payment whatsoever under the terms of this contract. ARTICLE :XXI 1: SUCCESSORS OR ASSIGNS Subject to the provisions of Article XVI I, Hold Harmless Agree- ment, 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. ARTICLE 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 REPORT I NG Any documentation or written report shall contain in a separ- ate section the numbers and dollars amounts of all contracts and subcontracts relating to the preparation of the document or report unless less than $5,000. CITY OF CARLSBAD CG ENGINEERING RONALD C. PACKARD, MAYOR ATTEST: JOHN P. LANDRY -12- . .- .. .. .. ! .. . .. .. . .. I. . .. ,i .. .. . . .. . .. .. .. ,. . .. .. .. .. .. . i.. . .. .. .. . .. . .. . .. . -.. .. . ,: , STATE AND ' LOCAL FISCAL ASS I STANCE ACT OF 1972 , "EC. 122 NOND I SCR I HI PIATI ON FROV IS I ONS. (a 1 PROHIBITION. (1) IN GERERA~. No person in the United States shall, on the grounds of race, color, national origin, or sex, be exclude4.from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a State governinent or unit of local government, which government 01- unit receives funds made available under subtitle A. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such pro- gram or activity. Any prohibition against: discrimination on the basis of reli- gion, or any exemption from such prohibition, as provided in the Civil Rights Act of 1964 or title Vill of the Act of April 11, 1968, hereafter referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. (2) EXCEPT1 QNS. (A) FUNDING. The provisions of paragraph (4) of this subsection shall not apply where any State government or un.i.t of local government demonstrates, by clear and convincing evidence, that the program or activity with respect to which the allegation of discrimination has been made is not funded in whole or in part with funds made available under subtitle A. relating to discrimination on the basis of handicapped status, shall no; apply with respect to construction projects corrinienced prior to January 1, 1977." (B) COWSTRUCTIOM PROJECTS IN PROGRESS. The provisions of paragraph (I) CERTIFICATION OF COMPLIANCE I hereby certify that legal name of vendor in performing under Purchase Order(s) awarded by the City of Carlsbad, will coniply with the provisions of Section 122(a) of the State ahd Local Fiscal Assistance Act of 1972. CG ENGINEERING Date (NOTAR I ZE OR CORPORATE SEAL) ( s EAL) -. -. S igna ture Title ; lhis certification s to be submitted with contract. ; :: EXH BIT "B" STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972 , "EC. 122 NOND 1 SCR I M I MAT I ON PROV f S t ONS . (a 1 (1) P RO M I 6 I T I 0 N . IN GENERAL. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a State government or unit of local government, which government or unit receives funds made available under -subtitle A. discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such pro- gram or activity. Any prohibition against discrimination on the basis of reli- gion, or any exemption from such prohibition, as provided in the Civil Rights Act of 1964 or title VIll of the Act of April 11, 1968, hereafter referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. (2) EXCEPT I ONS . (A) FUNDING. The provisions of paragraph (1) of this subsection Any prohibition against . shali not apply where any State government or unit of local governinent demonstrates, by clear and convincing evidence, that the program or activity with respect to which the allegation of discrimination has been made is not funded in whole or in part with funds made available under subtitle A. (8) CONSTRUCTION PROJECTS IN PROGRESS. The provisions of paragraph (1) . relating to discrimination on the basis 0,' handicapped status, shall not apply with respect to construction projects commenced prior to January 1, 1977." CERT I F I CAT I ON OF COMPI- I AECE I hereby certify that legal name of vendor in performing under Purchase Order(s) awarded by the City of Carlsbad, will comply witti the provisions of Section 122(a) of the State and Local Fiscal Assistance Act of 1972. JOHt4 P. LANDRY Date ( s EAL) I Signature. (i.!.!OTAR I ZE OR CORPORATE SEAL) ' .. Title 6 This certification is to be submitted with contract. i :: EXHI B IT "B" .