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HomeMy WebLinkAbout1984-02-07; City Council; Resolution 7500RESOLUTION NO. 7500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTING TRAFFIC ENGINEERING SERVICES AND TRANSFERRING FUNDS TO THE ENGINEERING DEPARTMENT BUDGET. WHEREAS, the City Manager recommends and the City Council concurs, that additional consulting traffic engineering time must be made available in order for the City to fulfill its obligations; and WHEREAS, a satisfactory agreement to provide Consulting Traffic Engineering Services has been negotiated; and WHEREAS, a transfer of funds to the Fiscal Year 1983-84 Engineering Operating Budget must be made to provide the funds necessary for such consulting traffic engineering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement for Traffic Engineering Services, as shown in Attachment A, attached hereto and made a part thereof, is approved, and the Mayor is authorized to sign on behalf of the City. 3. That a transfer of Twenty-Seven Thousand Dollars ($27,000) from the Contingency Fund Account No. 01-19-50-2499 to the Engineering Department's Professional Services Account No. 01-31-10-2470 is hereby authorized and approved. 4. That the Department of Finance Transfer No. 063 on file in said Department and incorporated by reference herein is approved. /I/ I// //I I// a 1 2 3 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City , 1984, by the following Council held on the 7th day of February vote, to wit: AYES: Council Mmkrs Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None 5 6 1 3.l 1' 1 1 1 1 1 1 1 I i i r 6 * F 1 I ; d A 8 1 4 TEST: Ii ETHA L. RAUTENKRANZ, City Clerk ;EAL) 3 AGREEMENT FOR TRAFFIC ENGINEERING SERVICES THIS AGREEMENT, made and entered into as of the day of ¶ 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as IICity," and MARTIN J. BOUMAN, hereinafter referred to as I) C o n s u 1 t an t . I' RECITALS City requires the services of a Traffic Engineer to provide the necessary engineering services by advising and assisting the City Engineer in his capacity as City Traffic Engineer; and Consultant possesses the necessary ski 11 s and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall: A. Advise the City Engineer on all traffic matters including, but not limited to, those matters stated in Section 10.08.070 of the Carlsbad Municipal Code. -2- B. Review all pertinent traffic engineering complaints or requests for services in the field and make appropriate staff reports. C. Prepare reports and attend all Traffic Safety Coordinating Committee and Traffic Safety Commission meetings as the City Engineer's representative. D. Provide input and assistance to City in developing the optimum capabilities and efficiency of City's traffic engineering program. E. Provide traffic engineering staff review of a- developmental projects within the City. ?' y* F. Periodically observe traffic conditions in the City and' advise City staff of various traffic engineering problems. G. Recommend the scope of special traffic engineering studies which may be needed to augment field observations and the review of existing traffic accident, traffic speed, and traffic volume data. H. Maintain an office at City Hall with a schedule of days and hours to be set by the City Engineer. I. Attend City Council and Planning Commission meetings as requested by the City Engineer when Traffic Safety Commission's recommendations or traffic engineering items are on City Council or Planning Commission agendas. J. Provide all necessary consulting services needed for the preparation of speci a1 reports, investigations, and studies; the review of plans, specifications, and cost estimates for City traffic safety construction projects, such as, traffic signals; -3- and any other significant municipal projects or programs requiring special consulting services as requested by the City Engineer. K. Provide his own transportation for all field reviews, meetings out of the City, and to and from work. L. Perform limited supervision of an Engineering Technician I1 related to traffic engineering assignments and tasks given to him. M. Comprehensive general liability insurance, including personal injury liability, blanket contractural liability, and broadform property damage liability. The combined single limit for bodily injury and property damage shall be not less than $300,000. 4. 2-- N. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired automobiles. The combined single limit for bodily injury and property damage shall be not less than $500,000. 2. CITY OBLIGATIONS Under the general direction of the City Engineer and subject to the provisions of Section 9 of this agreement, the City shall: A. Provide Consultant with work space, a telephone, materials and supplies, and clerical and technical support, as required. B. Set the schedule of days and hours Consultant shall work, however, use its best efforts to consider the needs of Consultant in setting such hours. -4- C. Make available to Consultant all records, reports, and other docuements deemed necessary by Consultant to properly perform the services required by the City. 3. FEES TO BE PAID TO CONSULTANT A. Under the general direction of the City Engineer and subject to the provisions of Section 9 of this agreement, the City shall compensate Consultant for services performed under Article 1 above, at a rate of $45 per hour computed only on the time actually at the office or in the field in Carlsbad. B. Transportation shall be provided by the Consultant and no additional compensation shall be provided for transportation ).- to or from home to the workplace or for field trips within ?-- Carl sbad. C. Transportation to meetings, located outside of a radius of 10 miles from City Hall, shall be provided by Consultant but when attendance at such meetings is requested by the City Engineer, Consultant shall be reimbursed at the current city approved rate per mile for such transportation. D. Additional expences for meetings, including meals, shall be reimbursed by the City on the basis of actual cost when specifically approved by the City Engineer. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid within twenty (20) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City Engineer. Payment of any fees pursuant to this -5- section shall not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Sections 3.C and 3.0 of this agreement shall be made in accordance with existing City reimbursement policies. 5. 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. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. .* P- A copy of such documented dispute shall be forwarded to both parties involved 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 (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Manager for resolution through the Office of the Assistant City Manager/Developmental Services. The City Manager may then opt to consider the directed solution to the problem. In such cases, the action of the City Manager shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. -6- 6. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional service only, and any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant, may make in the course of the project. 7. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble all City documents in the Consultant's possession and put same in order for proper filing and closing and deliver said documents to City. In the event of a. 7' c- termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 8. 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 Consultant's Independent calling, and not as an employee of the City. Consultant shall be under the direction and control of the City Engineer only as to the assignment of tasks, the result to be accomplished and the personnel assigned to the project. The Consultant shall consult with the City Engineer as necessary to ensure compliance with this agreement. -7- 9 . CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 10. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In -' the event this contract is terminated, all documents, plans, a- c- specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his records. 11. 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. 12. 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. L -8- Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 13. PROHIBITED INTEREST 1 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 .' 0- T'- 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 performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 14. 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 payment whatsoever under the terms of this contract. -9- 15. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 16. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 17. 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 investments or interests in real property. 4- ?' c- IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD: Mayor Tit 1 e APPROVED AS TO FORM: ATTESTED: Assistant City Attorney City Clerk