HomeMy WebLinkAbout1981-05-19; City Council; Resolution 65361
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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)
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. 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; .
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4. Roosevelt from Elm to Grand;
5. Madison from Elm to Grand.
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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
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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
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~ 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
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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.
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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.
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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
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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.
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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-
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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
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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
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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
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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.
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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
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prior
s contract or any part
written consent of the City.
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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
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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
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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" .