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.
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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:
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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.
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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)
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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.
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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.
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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
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requiring special consulting services.
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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."
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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
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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
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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,
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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
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BERRYMAN &
STEPHENSON INC.
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200 NORTH ASH, SUITE 100, ES:ONDIDO.CA92027
t ;,P.O.BOX 2809,SANDIEGO,CA92127
TELEPHONE(71g7414M
(711)558,7701
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=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 '
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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.)
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Mileage
18¢ Per Mile
" A 1S'i fee for administration, coordination,
and handling will
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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.
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