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HomeMy WebLinkAbout1979-05-15; City Council; 5841; Transportation Engineer Consultant AgreementI,ITY OF CARLSBAD AGENDA BILL NO.__yfX/f DATE:. May 15, 1979 DEPARTMENT: Engineering Initial: Dept. Head C. Atty Vr:j3_ C. Mgr. SUBJECT: TRANSPORTATION ENGINEER - APPROVAL OF CONSULTANT AGREEMENT STATEMENT OF MATTER i The present Engineering Department org'nization includes the position of Transportation Engineer which is a urney level class for profess- ional traffic engineering work. The salary range is $20,453 to $24,555. Recently the City advertised to fill the position and received only five applications. Of the five applicants, two are not qualified, one is doubtful, and only two seerrt to meet our minimum job description. Due to the lack of response to our advertisement, the Engineering Department requested a proposal from Berryman & Stephenson Inc., - cansu rri rig Engineers to serve cite u rvy. -dam 1"I'Q tIJ �JV Y C '4 t Vit cr it `y i itc c`i• vr a part-time basis. The firm employs event Whitson, the City's former Transportation Engineer; it is located in nearby Escondido; and the firm has considerable traffic and transportation engineering expertise. The proposed contract has a 30-day mutual termination clause should the City decide to make other arrangements for these services. EXHIBITS 1. Letter from Berryman & Stephenson Inc. 2. Resolution No.0 7b approving agreement agreement and authorizing the Mayor to execute oo beh 'If of the City. RECOMMENDATIONS If City Council concurs, adopt Resolution Not.�4 �0 approving agree- ment with Berryman & Stephenson Inc. and authors ino• and directin4 the Mayor to execute said agreement. Council Action: 5-15-79 Council adopted Resolution 5770, approving an agreement with Berryman and Stephenson, Inc. ,for consulting services for Transportation Engineering. M ;� IIIIIII I�BE RRYMAN & STEPHENSON INC. n0NORTHASH,SUI1E100. ESCONDIDO,CA92027 TELEPHONE (714)741.5065 P.O. BOX 2d619, SAN DIEGO, CA 92127 (714) SSM701 CONSULTANTS TO GOVEMMENTALAGENGES April 24, 1979 RECEIVED 6 1979 Mr. Les Evans CITY OF CARLSBAD City Engineer Engineering Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SUBJECT: Proposal for City Transportation Engineei Services Dear Les: BERRYMAN & STEPHENSON INC. is a firm of engineering professionals and support staff committed to meeting the needs of public agencies. The firm,was created for the purpose of servinlz governmental agencies and has experts experienced in every phase of municipal engineering work. As discussed in our meeting of April 18, 1979, BERRYMAN F STEPHENSON INC. is uniquely qualified to provide the City of Carlsbad with expert capabilities in municipal engineering that are directed toward meeting the City's transportation engin- eering needs either on a temporary or long-term basis. We are confident the services we propose will result in a substantial cost savings to the City as well as providing a quality engineering capability that will meet the City's existing and future transporta- tion needs. BERRYMAN $ STEPHENSON INC. proposes to assign a registered Civil Engineer/Traffic Engineer to your City with set office hours on selected days during the week. The engineer will reprF_,;nt the City as City Transportation Engineer and will be backed by our firm's professional engineers and support staff based at our office in Escondido. The principals and associates of the firm have collectively over 300 years of experience in municipal engineering which covers a broad spectrum of positions and capacities. Included in this experience is the city engineering and traffic engineering function we currently provide to the Southern California cities listed below. Accordingly, we offer the City of Carlsbad personal, in-depth under- standing of the City's programs and needs as well as a comprehensive knowledge of the various available grant and funding programs avail- able to municipalities. Mr. Les Evans Page two April 24, 1979 Cities that are presently utilizing our services as City Engineer/ Traffic Engineer include: City of Los Alamitos (pop. 13,000) City of Stanton (pop. 25,000) City of Villa Park (pop. 3,000) City of Yorba Linda (pop. 30,000) We are also City Engineer for the City of Adelanto (pop. 2,500) and - Traffic Engineer for the City of Carson (pop. 90,000). In addition, we serve as District Engineer for the following special districts: Garden Grove Sanitary District Hi Desert County Water District Prior to this, the firm served in the following capacities on an interim basis: City Engineer: City of Garden Grove (2 years) City of Chino (6 months) tngineeiing AdvJ-sor City of Commerce Attached is a detailed scope of services we are proposing to provide the City of Carlsbad, including a sample agreement (which may be modified) and detailed information pertaining to the company and our range of services and experience: This information will familiarize you with our capabilities to successfully provide city traffic engineering services for the City of Carlsbad. We would welcome the opportunity to serve the City of Carlsbad and thank you for your interest in our proposal. Sincerely, BERRYMAN & STEPHENSON INC. ent A. Whitson, P.E. Associate KAW:cjr Attachments: Brochure Sample Agreement KENT WHITSON EDUCATION: Bachelor of Science in Civil Engineering, University of Arizona PROFESSIONAL REGISTRATION: Registered Civil Engineer, State of California , Registered Traffic Engineer, State of California PROFESSIONAL ASSOCIATIONS: In:,titute of Transportation ]engineers Tau Beta Pi (National Engineering Honor,Society) San Diego County Bicycle Facilities Committee, Past Chairman EXPERIENCE: 'Ir. Whitson joined BERRYMAN F, SIT11111:NSON, INC. to provide comprehensive professional and technical assistance to governmental agencies. He has a variety of professional experience in civil, traffic, transportation, structural, and municipal engineering projects. Mr. Whitson is available to meet the needs of governmental agencies through project management and design or as the firm's representative to the agencies for Prior -to joining BERRYMAN $ STEPHENSON, INC., Mr. Whitson was the Transportation Engineer for the City of Carlsbad. He supervised and engineered all transportation/traffic programs and operations for the City, in addition to the many civil engineering improvements within the City. As 'transportation Engineer, he prepared the City's Circulation Element to the General Plan; directed r-merous traffic imp act, roadway alignment, and geometric studies; established policies for traffic and transportation improvements; and coordinated'projects with other involved agencies, City Council and planning commission. From April. 1910 to February 1973, Mr. Whitson was the Assistant Traffic Engineer for the County of Riverside where he performed a variety of traffic operations, research, and planning functions. He was the County's Project Engineer for the Office of Traffic Safety studies during this time. In prior positions, he was a structural engineer for Fluor Corporation designing structures and foundations; Engineering Technician for the Washington State Highway Department in highway route studies; and a student engineer for a consulting firm in Phoenix, Arizona. WILLIAM E. STRACKF.R Vice President EDUCATION: I- Bachelor of Science in Civil Engineering, California State University, Long Beach, California Master of Science Studies in Civil Engineering, California State University, Long Beach, California Certificate course in Municipal Public Works %dministration, California State University, Los Angeles, California PROFESSIONAL REGISTRATIONS: Registered Civil Engineer, State of California Registered Traffic Engineer, State ofCalifornia PROFESSIONAL ASSOCIATIONS: American Society of Civil Engineers - President American Public Works Association Institute of Transportation Engineers EXPERIENCE: As a principal of BERRYMAN AND STEPHENSON, INC., Mr. Stracker provides comprehensive professi.onal and technical assistance to governmental agencies through the directing and/or managing of selected projects. Mr. Stracker has a variety of professional experience in civil, traffic and transportation, and municipal engineering projects. As a consultant, he has performed in the ! following capacities: City Traffic Engineer, Cities of Carson, i Yorba Linda, and Villa Park; and Associate City Engineer, City of Los Alamitos. His most recent experience includes Project Director/ Principal -in -Charge of the following projects: Open -End Civil Engineering Project - Naval Station, San Diego Negotiation and management of projects Mission Avenue/Route 76 Corridor Study - City of Oceanside Traffic and Transportation Improvements - City of Anaheim for Anaheim Redevelopment Projects In a previous position, Mr. Stracker was Assistant Traffic Engineer for the City of Anaheim, responsible for the traffic engineering needs of a tourist oriented City of 200,000'population. Prior to that, he waa a civil engineer in Anaheim's Design Section with administration and design responsibility for many major civil engineering improvement projects and studies. These included Federal Aid and State gas tax funded street projects, storm drain improvements, alluvial channel stabilization projects, and steel/ concrete structures. His earlier experience included the City of Costa Mesa Engineering Department, golf course design in the Hawaiian Islands and designer/ draftsman for concrete tilt -up buildings. " 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 RESOLUTION N0, 5770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,. CALIFORNIA, APPROVING AN AGRE04ENNT BETPIEEN THE CITY OF CARLSBAD AND BERRYMN AND STEPHENSON INC. FOR CONSULTING SERVICES FOR TRANSPORTATION.ENGINEERING The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The certain agreement between the City of Carlsbad and Berryman and Stephenson Inc. for consulting services for transportation engineering, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to executed said agreement for and on behalf of the City of Carlsbad. PASSED,.APPROVED AND ADOPTED at a regular meeting of the -City -Council of 1.he City of Carlsbad held the 15th day of May 1979, by the following vote; to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None ONa:,D C. PACKAR.D, MAYOR ATTEST: tct, ;(Z-, 6�' . ALETHA L. RAUTENKRANZ, CITY.CLERK (SEAL) M _4 AGREEMENT FOR CONSULTING SERVICES FOR TRANSPORTATION ENGINEERING THIS AGREEMENT, made and entered into as of the day of 1979, by and between the CiTY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and BERRYMAN d STEPHENSON, INC., a California corporation, hereinafter referred to as "Consultant." W.ITNESSETH• WHEREAS, the City requires the services 'of an engineering consult- f -Ing firm to provide the necessary engineering services for the City's operation by acting in the capacity of City Transportation Engineer; and WHEREAS, Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, the parties hereunto agree as follows: Article I: Scope of Consultant Services a. Reviews all pertinent traffic engineering complaints/requests for services in the field, makes appropriate staff reports and writes letters re= garding traffic engineering functions as directed by City. -b. Prepares agendas and attends all Traffic Safety Commission meet- ings as the City's representative. f ' c. Provides Input and assistance to City in developing the optimum capabilities and efficiency of City's traffic engineering program d.' Provides transportation engineering staff review of developmental projects within the City. e. Periodically observes traffic conditions in the City and advises City staff of various traffic engineering problems. f. Recommends the scope of speoial traffic engineering studies which may be needed to augment field observatic+ns and the review of existing traffic accident, traffic speed and traffic vol'ume data. _4 g. Maintains an office at City Hall two days each week for three hours each day, the schedule of days and hours to be mutually agreed upon. h. Advises City staff of grants pvaitable to the City for alievi- ating problems relating to pedestrian and vehicular traffic; e.g., Office of Traffic Safety, Federal Aid Urban, S9325, S13821, etc. I. Attends City Council meetings as requested by City when Traffic Safety Commission's recommendations or,traffic engineering items are on Council agendas. �J: Provides all necessary consulting services needed for the opera- tion of special reports, investigations aid studies; the preparation of plans, specifications and cost estimates for City traffic safety construction projects such as traffic signals; and any other significant municipal projects or programs I requiring special consulting services. i Article It: Scope of City Staff Responsibilities City "shall make available all records, reports and other documenta- tion deemed necessary by Consultant to properly•perform the services required by the City. Article III: Compensation City shall compensate Consultant for services performed under Ar- ticle I in accordance with the following schedule: a. For performance of services under Article la, lb, Ic, id, to, If, Ig and Ih, a monthly retainer of $600 plus incidental out-of-pocket expenses. b. For the performance of services under Article It and Ij, com- pensation shall be on a time -and -materials basis in accordance with Consultant's latest "Schedule of Hourly Rates," a copy of which is attached and incorporated by reference herein, or a fixed lump sum fee as mutually agreed upon prior to start of work in accordance with the latest edition of the American Society of Civil Engineers Manual No. 45, "Consulting Engineering - A Guide for 'the En- gagement of Engineering Services." -2- t c. City Shall compensate Consultant for the services performed hereunder on a monthly basis within thirty (30) days of receipt of Consultant's ' Invoice for the services performed in the previous month. Article IV: Representation Consultant shall designate a renresentative,acceptable to City whet may be changed by giving the City at least two (2) weeks' prior written notice of said change. City may request, and Consultant shall, upon receipt of such request, change Consultant's representative to a representative of Con- sultant who is acceptable to'City. In the event of said request, City shall give Consultant at least thirty (30) days';prior written notice of such request for change. Article V: Respohsibility of Consultant The Consultant is hired to render a professional service only, and any .payments made. to. Consultant .are comoensation solely for such. services_ as Consultant may render and recommendations Consultant may make in the course of the project. The Consultant makes no warranty, either expressed or Implied, as to Consultant's findings, recommendations, or professional advice other than they were promulgated after following a practice usual to the consultant pro- fesslon. Article VI: 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 termina- tion, the,Consultant shall be paid for the work accomplished to the date of 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 the City. In such event, the Consultant shall be paid for said final work in accordance with Article 111. Article Vll: 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 Con- , tractor's independent calling, and not as an employee of the City. Contract- or shall be under control of the City only as to the result to be accomplished and the representative assigned to the City. Article VIII: Conformity to Legal Requirements The Consultant shall cause all project drawing5,and specifications that may be prepared for the City to conform to al.l applicable requirements of law: 'Federal, State and local. Consultant shall provide the necessary copies of such project drawings and specifications, together with all necessary sup- porting documents, to be filed with any agencies whose approval is necessary. Article IX: Ownership of kcuments 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 vu v2%tn; Mu yr rtvt. i:i :.0 .....^•+ F�':r K`nFear+F iC iC�r7ninA:Rd�-aII documents, plans, specifications, drawings, reports and studies shall be de- livered forthwith to the City. Article X:' Hold Harmless A_yreement The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, proper- ties, or effects of any person whatever, nor for personal injuries to or death of f them.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 rep- resentativ.:s. Consultant further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and expense that is in- curred by the City on account of any claim therefor, including claims by reason of alleged defects in any plans and specifications. Article XI: Assignment of Contract The Consultant shall' not assign this contract or any part thereof —4- or any monies due or to become due thereunder without the prior written consent of the City. Article Xil: 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 per- sons 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 subcon- tractor 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. Art*,cle XIII: 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 nego- tiating, making, accepting, or approving of any architectural, engineering Inspec- tion, construction, or material supply contractor, or any subcontract in connec- tion with the construction of the project shall become directly or indirectly Interested personally in this contract or in any part thereof. No officer, em- ployee, architect, a{+orney, engineer, or inspector of or for the City who is au- thorized 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. Articla XIV: 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 con- tract, shall affect or modify any of the terms or obligations heroin contained, d -- --A nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. Article XV: Successors or Assigns Subject to the provisions of Article XI, 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 XVi: Effective Date This contract shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD BERRYMAN b STEPHENSON, INC. L By + RONALD C. PACKARD, hIAYOR t AiTEST: APPROVED AS TO FORM: i ALETHA L. RAUTENKRANZ', CITY CLERK VINCENT F. BIONDO, JR., CITY AVRNEY 4 -6- `r ,. � r .4,11 �' ,._ r ,• . c }' r .fd�.,,,-, N fr• �' �,t ,af •.• �+'x j"Ff,, �i�� l It G' BERRYMAN & STEPHENSON INC. .� r 200 NORTH ASH, SUITE 100, ES:ONDIDO.CA92027 t ;,P.O.BOX 2809,SANDIEGO,CA92127 TELEPHONE(71g7414M (711)558,7701 " =12-ULTANT: TO GOVEWIMENTAL AGENCIES ►'; •. SCHEDULE- OF HOURLY R RAT'_'S -R ' EFFEC17VF, APRIL 1979 111 Project Manager s45.OQ 116,117 Registered Engineer/Traffic Engineer 40.0� •4 ' A 126 .Licensed Land Surveyor 40.Qp -k# Registered Architect 40.00, cape Architect .1.18. f Lands40.0 f -119, Senior Designer 38 120' , Designer 34. X1Q , • �' . `' ' .-, 121 ,Draftsperson ' 1125 Inspector 26.OQ !.,' } 112 Princips•1 r, 4$.Qp < 413 Senior As�aciate 49.00, ,'Associate A1S 4S:I�Q; 127 2-Person Survey Crow 75..��t • ` ' • • •128 3-PCrSO:t Survey Crew i r.. r; r:Srs 90 , t%4. 0h 132 Engineering Aide 19.6 S 131 Clerical, Typist Out -of -Pocket Expenses (telephone, Cost Billed Plus 1Si printing, reproducing, copying, —1 -4uplicating, etc.) • t ." Mileage 18¢ Per Mile " A 1S'i fee for administration, coordination, and handling will `} be added to subcontr:,cted s:rvices such as foundation repdrts and specialist services. 1 These hourly rates will he subject to increase: due to c6a,t increases and inil�:.tionury trends. !;