HomeMy WebLinkAbout1984-02-14; City Council; Resolution 75031
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RESOLUTION NO. 7503
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING AN AGREEMENT WITH BERRYMAN & STEPHENSON, INC. TO DEVELOP A PAVEMENT MANAGEMENT PROGRAM AND AUTHORIZING FUND TRANSFER
WHEREAS, the City of Carlsbad wants to develop a comprehensive pavement
program; and
WHEREAS, Berryman and Stephenson, Inc. responded to a proposal to
develop such a plan; and
WHEREAS, Berryman and Stephenson, Inc. have successfully developed such
plans for other cities and their work is highly satisfactory; and
WHEREAS, a transfer of funds from Account No. 01-50-10-1100 (Regular
Salaries, Maintenance Director) to Account No. 01-50-10-2470 (ProfesstQnal
Services) is necessary to fund these services.
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 to develop a Pavement Management System with
Berryman and Stephenson, as shown on 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 ten thousand dollars ($10,000.00) from Account
No. 01-50-10-1100 (Regular Salaries, Maintenance Director) to Account No.
01-50-10-2470 (Professional Services) is hereby authorized and approved
by ilepartment of Finance Transfer No.J4 .
Ill
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adj urned PASSED, APPROVED AND ADOPTED at a/regufar meeting of the Carlsbad City
Council held on the 14th day of F&- , 1984, by the following vote,
to wit:
AYES;
NOES : None
Council Ws Casler, Lewis, Chick and Prescott
ABSENT: Council Yir Kulchin
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk/
(SEAL)
AGREEMENT FOR
THIS AGREEMENT, made and entered into as of the
9- 19 , by and between the CITY OF day of
CARLSBAD, a municipal corporation, hereinafter referred to as
"City," and BERRYMAN & STEPHENSON, INC. hereinafter referred to
as "Consultant .I'
REC I TAL S
City requires the services of BERRYMAN & STEPHENSON,
INC. to provide the necessary engineering services to develop a
Pavement Management Plan.
Consultant possesses the necessary skills 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:
To perform the required field analysis, evaluations,
computer activities and report preparation necessary to prepare
a Pavement Management Plan which include the following elements:
1. Report (25 copies) to include a:
Pavement Inventory
Five Year Capital Improvement Plan
On going Maintenance Plan
A color coded map depicting maintenance needs.' 2.
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3. Computer software (IBM PC compatable) including
Pavement Inventory
Program for up dating the plan
4. Recommend changes to current City standard for
pavement construct ion and trench repairs .
(2) CITY OBLIGATIONS
The City shall
1. Provide copes of available up-to-date City maps at
1"=400 * scale.
2. Review current policies and standards for pavement
maintenance with the Consultant.
3. Provide contact person and field support as necessary
to include traffic control, maps, as built and other
ancillary services as needed.
(3) PROGRESS AND COMPLETION
The work under this contract will begin within 10 days
after receipt of notification to proceed by the City and be
completed within six weeks of that date. Extensions of time may
be granted if requested by the Consultant and agreed to in
writing by the Director of Utilities and Maintenance. In
consideration of such requests, the Director 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.
(4) FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to paragraph (5) shall
be $10,000. No other compensation for services will be allowed
except those items covered by supplemental agreements per
paragraph (7), Changes in Work.
(5) PAYMENT OF FEES
Payment of fees shall be upon delivery of approved final
documents.
(6) FINAL SUBMISSIONS
Within 15 days of completion and approval of the final
plans, the Consultant shall deliver to the City 25 copies of the
final report .
(7) CHANGES IN WORK
If, in the course of this contract and design, changes seem
merited by the Consultant or the City, and informal consultations
with the other party indicate that a change in the conditions of
the contract is warranted, the Consultant or the City may request a
change in contract. Such changes shall be processed by the City in
the following manner: A letter outlining 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 be prepared by the City
and approved by the City Manager. 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 Director of Utilities
(8) The Consultant warrants that their firm has not employed or
retained 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 consideration
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 contingent fee.
(9) NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
(10) TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for 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 Director of Utilities and Maintenance. The Director 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 having the contract
completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
contract. Final payment shall be in compliance with the Code of
Federal Regulations.
(1 1) 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 Director of Utilties and
Maintenance. 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 Director
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 resolution through the office of the City
Manager. The City Council may then opt to consider the directed
solution 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.
(12) RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services in
developing a Pavement Management Plan and any payments made to
Consultant are compensation solely for such services.
(13) SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering 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 the work product and put same in order
for proper filing and closing and deliver 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
exceed the guaranteed total maximum. 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.
(14) 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 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.
(15) 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.
(16) 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,
specifications, drawings, reports and studies shall be delivered
forthwith to the City.
(17) 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 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 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.
(18) 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.
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(19) 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 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.
(20) 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 inspect ion, construct ion or materi a1
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.
(21) 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.
(22) SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (18), Hold Harmless
Agreement, 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.
(23) EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
.. .
(24) 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 in the City of
Carlsbad.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD BERRYMAN & STEPHENSON, INC.
M ay or
ATTEST :
City Clerk
By
Title
APPROVED AS TO FORM:
Assistant City Attorney