HomeMy WebLinkAbout1981-08-04; City Council; Resolution 6632RESOLUTION NO. 6632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND WILLDAN ENGI-
NEERING COMPANY FOR PROVISION FOR A STUDY OF
CIRCULATION PROBLEMS IN THE CITY OF CARLSBAD
The City Council of the City of Carlsbad, California, does
xeby resolve as follows:
1. That certain agreement between the City of Carlsbad and
illdan and Associates Company for a study of circulation problems
i the City of Carlsbad which is attached hereto and incorporated
erein by reference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
nd directed to execute said agreement for and on behalf of the
ity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
louncil of the City of Carlsbad held the 4th
.981, by the following vote, to wit:
day of AWFt ,
AYES : Council Members Casler, hear, Lewis and Kdchin
NOES: None
ABSENT: council PkIher Packard
ATTEST:
(SEAL)
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0 Exhibit to Res. {I6632 0'
AGREEMENT. FOR CONSULTANT SERVICES
FOR TRAFFIC STUDIES
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a municipal corpo-
&ation, hereinafter referred to as "City", and WiZ1da.n and Associates Campany
consulting firm, hereinafter referred to as "Consultant".
bJI TN ESS ETH : '.
EIHEREAS, the City requires the services of an engineering consulting
rm to provide the necessary planning and engineering services for an engineer-
g report on circulation in the City; and
WHEREAS, Consultant possesses the necessary skills and qualifications
;o provide the services required by the City:
NOW, THEREFORE, the parties hereunto agree as follows:
iRTICLE I: SCOPE OF WORK
The Consultant shall prepare an engineering report based on the following
nformation and covering the following tasks:
Future growth plans shall be based on.available specific plans, master 1.
)lans, and local coastal plan based data in lieu of total reliance on generalized
Iopulation forecasts or existing general plan land use data unless such informa-
;ion is unobtainable. Planning documents that should be considered by the Con-
;ul tant are:
a. b.
d. e.
f.
9- h. i. 3.
1, m. n.
C.
0.
Agua Hedionda Local 'Coastal. Plan (Specific Plan) Carl sbad General Plan (especially Land Use Element) Carl sbad Local Coastal Program (LCP) Mello Bill (LCP) San Diego County (LCP) Carl sbad Research Center (Koll ) Carlsbad Industrial Park Buena Woods Master Plan (MP) Macario Park Plan (potentially available) La Costa Master Plan Carl sbad Oaks Master Pl an Lake Calavera Hills Master Plan Carl sbad Highlands lentati-ve Tract Sedway/Cook Report
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Due to a 1 imi Led number of. copies, some of the above documents need to be
Oeviewed in-house. The final data base should be completely documented as to
source and Val i da ted.
2. The reports or documents shall all be based on Carlsbad's sphere of
influence as defined in the existing General Plan.
3. The engineering report shall deal with the following tasks:
Task A. Develop Data Base
Information relating to existing developments and traffic
flows will be gathered in addition to approved and proposed projects.
tion from regional plans and forecasts including ad.jacent community General Plans
Local Coastal Plans, Series V population forecasts will be evaluated.
Informa-
Potential
development constraints such as water, or sewer availability will be considered.
Task B. Project Growth Rates
By evaluating the data base and in consultation with City
staff, growth rates and population densities will be determined.
Task C. Street Design Standards
Specific guidelines will be. developed for roadway design in-
street widths, horizontal and vertical a1 ignment, design speed, design cl uding:
capacity and volume, need for bike lanes, and the need for onstreet parking.
Task D. Circulation Plan A1 ternatives
Based on the proposed design criteria, potential amendments
to the existing circulation plan will be developed. Appropriate alternatives
wi17 be proposed along with information relative to the merits and drawbacks of
each alternative. Each of the roadways listed below will be specifically ad-
dressed in this task.
a. College Avenue. A portion of the alignment of College
Avenue has been fixed at its intersection with El Camino Real.
terminus in Vista is also certain.
Its northerly
In question is the proper alignment of Col-
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lege between the north City 1 imits and El Camino Real.
alignment between El Camino Real and Palomar Airport Road.
timing of College south of El Camino Real shall be addressed.
Also in question is the ,‘
The construction
b, Cannon Road. Cannon Road is proposed as a major arte-
rial joining Interstate 5 and extending east to Oceanside. The need for this
arterial across the coastal zone between El Camino Real and 1-5 has been previous-
ly addressed.
nue, however, has not been addressed and is the subject of controversy.
for Cannon as a major arterial for its entire alignment should be addressed.
The need for the arterial between El Camino Real and College Ave-
The need
c. Los Manos Road. This secondary arterial is shown extend-
Recently, the Engineerin: -in9
and Planning Departments have proposed realignment of Los Manos to extend from
{elrose to a point approximately 1200 feet north of Palomar Airport Road.
from Melrose to College east of El Camino Real.
d. Palomar Airport Road. The existing prime arterial is,
for most of its length, a two-lane country road,
Pation of existing curves in favor of larger radii and access at inte:-vals of
less than 2600 feet have been raised.
e widened to its ultimate six-lane capacity should also be addressed. ’
Questions regarding the elimi-
The time .frame in which the street should
e. El Camino Real. Although El Camino Real exists as a
Few-lane road through the City, questions of intersection spacing and access are
:onstantly being raised.
letween intersections and to prohibit driveway access,
levels of service on this prime arterial will be extremely bad (F).
The City has attempted to maintain 2600 foot spacing
It appears that future
Alternatives
o improve this conditions should be presented.
f. Melrose. Melrose is proposed as a prime arterial in a
orth-south direction extending the full length of the City, ’
hunty’s attempt to delete SA680 as a prime arterial has left the southerly ter-
Perhaps it should terminate at Palomar Airport Road.
Recently, the
inus of Melrose in doubt.
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he consultant should address a1 ternative a1 ignments of the terminus of Melrose ,’
nd the impacts of those alternatives. I?Jhat alternatives does the City have
nd what are their impacts? The alignment of Melrose between Vista City limits
nd Alga Road has also recently been questioned.
hown on the General Plan? .
Should it be further west than
g. El Fuerte. This secondary arterial will be a winding,
Nil1 .it really be adequate to serve as the teep road over much of. its length.
nly north-south arterial between €1 Camino Real and Melrose in northeast La
os ta?
h. Carrillo Road. Carrillo Road also has some topographic
roblems.
oad and Poinsettia. Is it adequate? Should it terminate at El Camino Real or
oi nsetti a?
It is described as the only east-west arterial between Palomar Airport
Task E. Staff Review
The amended circulation plan and alternatives will be pre-
ented to staff for their review and comments at the time of preliminary draft
teport.
Task F; Alignment Studies
Horizontal and vertical alignments (Plan and Profile) will be
leveloped for each unconstructed arterial street utilizing the available 400
tale top0 maps. A reproducible and five copies of each alignment will be
,ubmi tted.
Task G. Traffic Circulation Policies
Recommended policies relating to the traffic circulation in-
:luding: traffic signal locations, criteria for stop signs and through streets,
xcess restrictions, median placement, bus routes, driveway locations and inter-
,ection spacing will be developed and presented in a form suitable for adopt on
by the City Council.
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Task H. Plan Implementation
A schedule will be developed showing a desirable timing for
construction of each arterial street.
of construction, such as building two lanes at one time and adding two addi-
This schedule will also include phasing
tional lanes at a future date, if this is appropriate.
Task I. Assessment of the effect of the Carlsbad Street design cri-
teria on ability of an arterial system to 'adequately serve the City.
Specific recommendations will be made to improve upon the
City's circulation system.
throughout the preparation of the Traffic Study.
This data and findings will be a pervasive element
Task J. Develop goals, policies, objectives, and development standarc
To establish guidance' for future circulation related decisioi
a policy section will be developed to include:
Policies, plan proposals, and standards for the development
and improvement of streets and highways based on proposed land use patterns, in-
cluding a street and highway classification system;
- .. Policies and standards for the circulation and the design of
streets in new developments. ,
Task K. Circulation Model
In conjunction with SANDAG and CALTRANS staffs, a model will
be developed utilizing the data base and growth rates to forecast travel demands
01: a transportation network for up to five different stages of development in-
cluding a base year.
ARTICLE 11: PROGRESS AND COMPLETION
The work under this contract will begin within 15 days after receipt of
Notification to Proceed by the City. The draft report will be submitted within
four months of that date.
of Notice to Proceed after approval of the draft report.
The final report will be submitted within three month
Extensions of time may
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e granted if requested by the Consu1tant.and agreed to in writing by the City '
ngineer. In consideration of such requests, the City Engineer will give allow-
nce for documented and substantiated unforeseeable and unavoidable delays not
aused by a lack of foresight on the part of the Consultant, or delays caused by
ity inaction or other agencies' lack of timely action.
RTICLE 111: FEES TO BE PAID TO CONSULTANT
The lump sum fees .payable in ihstallment according to Article IV for Tasks
through J shall be $15,500, If the City elects to proceed with tasks, an addi-
ional 6,000 shall be paid at the completion of Task K. No other compensation
or services will be allowed except those items covered by supplemental agreement
er Article VI, Changes in Work.
RTICLE IV: PAYMENT OF FEES
The Consultant shall be entitled to a 50% lump sum fee at the time of appro-
Thereafter, Consultant may submit evidence in the form a1 of the draft report.
f draft report revisions and other documents as evidence of progress of work for
n incremental progress payment of 40% of the lump sum fee (upto a total of 90%
f the lump sum fee) prior to submission of final report. Upon approval of the
inal report and delivery of final submissions, the final 10% will be paid.
,RTICLE V: FINAL SUBMISSIONS
Within 15 days of completion and approval of the final report, the Consul-
.ant shall deliver to the City the following items:
eport in a form suitably bound and on white paper.
Twenty-five copies of the
IRTICLE VI: CHANGES IN GJORK
If, in the course of this contract'and design, changes seem merited by the
:onsultant or from the City and informal consultations with the other party indi-
ate that a change in the conditions of the contract is warranted, the Consultant
lr the City may request a change in contract. Such changes shall be processed by
he City in the following manner; A letter outlining the required changes shall
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? forwarded to the City or Consultant to inform them of the proposed changes
ong with a statement of estimated changes in charges or time schedule. After
:aching mutual agreement on the proposal, a supplemental agreement shall be pre-
ired by the City and approved by the City Council. Such supplemental agreement
la11 not render ineffective or invalidate unaffected portions of the agreement.
ianges requiring immediate action by the Consultant or City shall be ordered by
le City Engineer who will inform a princl'pal of the Consultant's firm of the
xessity of such action and follow up with a supplemental agreement covering
ich work.
'
ITICLE VII: DESIGN STANDARDS
The Consultant shall prepare all documents in accordance with the standards
F the City of Carlsbad and recognized current design practices.
F Carlsbad standards and regional standards shall be used where appropriate.
XTICLE VIII:
Applicable City
COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he/she has not employed or retained any company
r person, other than a bona fide employee working for the Consultant, to solicit
r seciire this agreement, and that Consultant has not paid or agreed to pay any
3mpany or person, other than a bona fide employee, any fee, commission, percen-
sge, brokerage fee, gift, or any other consideration contingent upon, or resul-
ing from, the award or making this agreement.
arranty, the City shall have the right to annul this agreement price or consid-
ration, or otherwise recover, the full amount of such fee, commission, percen-
age, brokerage fee, gift or contingent fee.
RTICLE IX: NOND I SCRI MI NATION CLAUSE
For breach or violation of this
The Consultant shall comply with the nondiscrimination provisions of the
tate and Local Fiscal Assistant Act of 1972.
is/her compliance by executing the attached "Certificate of Compliance."
I//
The Consultant shall certify to
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ARTICLE X: ' 'TERMINATION OF'CONTRACT
If the City fails to give notice to proceed with the final package, the
contract will terminate unless a letter is on file signed by the Consultant and
the City Engineer authorizing extension.
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 all 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 Consultant has performed wh.ich is usable and of worth to the City in having
the contract completed.
In the event of the Consultant's failur
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 Regulations.
ARTICLE XI: 'DISPUTES
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.
questions, if they become identified as a part of a dispute among persons oper-
ating under the provisions of this contract, shall be reduced to writing by the
principal of the Consultant or the City Engineer. A copy of such documented
dispute shall be forwarded to both parties involved along with recommended metho(
of resolution which would be of benefit to both parties.
principal receiving the letter shall reply to the letter along with a recom-
mended method of resolution within ten days.
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the office of the
City Manager.
Such
The City Engineer or
If the resolution thus obtained is
The City Council may then opt to consider the directed solution
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to the problem. In such cases, the action of 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
The Consultant is hired to render a professional service only and any pay-
ments made to Consultant are compensation solely for such services,Consul tant
may render and recommendations Consultant may make in the course of this project.
Consultant shall certify as to the correctness of all reports and sign the engi-
neering report with the signature of a Registered Civil Engineer.
ARTICLE XIII: SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering 30 days
written notice to the other party.
nation, 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.
formed to the termination date; however, the total shall not exceed the guarantee
total maximum. The City shall make the final determination as to the portions of
tasks completed and the compensation.to be made in compliance with the Code of
Federal Regulations.
ARTICLE XIV:
In the event of such suspension or termi-
In the event of termination, the Consultant shall De paid for work per-
STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consul-
tant's own way as an independent contractor and in pursuit of Consultant's
independent calling, and not as an employee of the City.
under control of the City only as to the results to be accomplished and the
personnel assigned to the project but shall consult with the City as provided
for in the request for proposal.
Consultant shall be
ARTICLE XV: CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to
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111 applicable requirements of law, whether Federal, State or local. Consul-
tant shall provide the necessary copies of such project drawings and specifi-
nations, together with all necessary supporting documents, to be filed with any
3gencies whose approval is necessary.
4RTICLE XVI: ObfNERSHI P . OF DOCUMENTS
All plans, studies,
the property of the City
Dr not. In the event th
reports, and studies sha
sketches, drawings, and reports as herein required are
whether the work for which they are made be executed
s contract is terminated, all documents, plans, drawings
1 be delivered forthwith to the City.
ARTICLE 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 goods, properties, or
effects of any person whatever, nor for personal injuries or deaths 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 harm'less, 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 01
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: ASS IGNI'WdT 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: SUBCONTRACT1 NG
If the Consultant shall subcontract any of
this contract by the Consultant, Consultant sha
City for the acts and omissions of Consultant's
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the work to be performed under
1 be fully responsible to the
subcontractor and of the persons
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?ither 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 specifically noted to the con-
trary 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, construc-
tion, or material supply contractor, or any subcontracgor in connection with the
construction of the project, shall become directly or indirectly interested
personally in this contract or in any part thereof.
architect, attorney, engineer, or inspector of or for the City who is author-
ized in such capacity and on behalf of the City to exercise any executive, super-
visory, or other similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally in this con-
tract or any part thereof.
No officer, employee,
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
affect or modify any of the terms or obligations herein contained nor such
verbal agreement or conversation entitle the Consultant to any additional pay-
ment whatsoever under the terms of this agreement.
ARTICLE XXII: 'SUCCESSORS OR ASSIGNS
Subject to the provisions of Article XVII, Hold Harmless Agreement, 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
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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
Carl sbad.
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IN WITNESS WHEREOF, we have hereunto
CITY OF CARLSBAD
WILJlaAN AND ASSEL TES C"
BY Vf Qkr d- e-&--
RONALD C. PACKARD, PAYOR
ATTEST:
H. CASLER, Vice-Mayor