HomeMy WebLinkAbout1980-06-03; City Council; 5841-1; Transportation Engineer Consultant Agreementmmt
CITY OF CARLSBAD
AGENDA BILL NO. 5841 - Supplement No. 1 Initial:
Dept. Head
DATE:June 3, 1980' C. Atty
D E PARTiiENT ; Engineering C.^.yr. n
SUBJECT: TRANSPORTATION ENGINEER -
AMENDMENT OF CONSULTANT AGREEMENT
STATEMENT OF THE MATTER
The present Engineering Department organization includes the position of Trans-
portation -Engineer which is a journely level class for professional traffic
engineering work. The salary range is $21,987 to $26,397.
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A year ago the City advertised to fill the position and received only five "
applications. Due to the lack of response to our advertisement, the Engineering
Department contracted with Berryman & Stephenson Inc., Consulting Engineers to serve
the City as Transportation Engineer on a part, -time basis. The monthly retainer fee
for the past year ras been $600. *The firm is proposing an increase to $780•. The
service provided by the consultant has been adequate to leave the Transportation
Engineer position unfilled.
The proposed contract has a 30-day mutual termination clause should the City decide
to make other arrangements for these services. ;f
EXHIBITS
1. Letter from Berryman & Stephenson Inc.
2. Resolution No.G approving amended agreement and authorizing the Mayor
to execute onbehalf of the City.
RECOMMENDATIONS }
Adopt Resolution No.&L 9(o approving amended agreement with Berryman & Stephenson Inc. �4
and authorizing and directing the Mayor to execute said amendment. i
Council Action:
6-3-80 Council adopted Resolution 6196, approving an agreement with Berryman and
Stephenson Inc. for consulting services for Transportation Engineer.
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JI BERRYMAN & STEPHENSON INC.
MII
200NORTH ASH, SUITE 100. ESCONDIDO. CA 92027 TELEPHONE (714) 741,5065
RO. BOX28819, SA14 DIEGO, CA92127 (714)558a701
CONSULTANTS 70 GOVERNMENTAL AGENOES
Match 21, 1980
ECEIVE
. ` ,i 1030
,sir. Les Evans
City Engineer Er,�,l,
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
SUBJECT: Contract Transportation Engineering Services
Dear Les:
Mr. Kent Whitson, ,representative of BERRYMAN F STEPHENSON,
INC. to the City of Carlsbad as Transportation Engineer,
.will be leaving the firm's employ on, March 27, 1980.- We
realize tnat Mr. Whitson has performed very capably and
professionally in this capacity, and we regret that he is
leaving to accept a position with the San Diego Comprehensive
Planning Organization as Senior Transportation,Engineer.
Mr. William E. Stracker, Vice President of BERRYMAN-,
STEPHENSON, INC., is proposed to be assigned as the City's
Transportation Engineer, Mr. Stracker is a registered Civil
Engineer and Traffic Engineer and has served in the capacity
of -Assistant City Traffic Engineer for the City of Anaheim
and Traffic Engineer for the Cities of Carson, Yorba Linda,
Villa Park, and Stanton. We are confident that Mr. Stracker's,
experience will provide for a minimum of problems during
this transition period.
Each year BERRYMAN &1 STEPHENSON, INC. reviews its fees and
adjusts them as necessary. The cost increases incurred by
the company during the past year requires the following
adjustments to our fee schedule.
Mr. Les Evans
March 21, 1980
Page 2
It is proposed that Article III, "Compensation.", of the
contract approved by Resolution No. 5770 on May 1.5, 1979
be amended to read:
a. For performance of services under Article la, lb,
lc, ld, le, lf, lg and lh, a monthly retainer of
$780 plus incidental out-of-pocket expenses.
A copy of the latest "Schedule of Hourly Rates" (July 1990)
is attached for inclusion into the contract.
The association of BERRYMAN $ STEPHENSON, INC. and the City of
Carlsbad has been of mutual benefit. We appreciate the
opportunity of providing our services to the City and the
support we have received.
Respectfully submitted,
BERRYb $ STEPHENSON-, INC.
Ra Berryma
Pr es dent
WES:dw
attach.
I
SCHEDULE OF HOURLY RATES
EFFECTIVE JULY 1980
Project Manager
Registered Engineer/Traffic Engineer
Licensed Land Surveyor
Right of Way Engineer/Agent
Registered Architect
Landscape Architect
Senior Designer
-Designer
Draftsperson
Inspector
Principal
Senior Associate
Associate
2-Person Survey Crew
3-Person Survey Crew
Engineering Aide
Clerical, Typist
Out -of -Pocket Expenses
(telephone, printing, reproducing,
copying, duplicating-, etc.)
Mileage
$ 50.A0
4S.00
4S.00
4S.0'0�
4S.00
45.00
42.00
38.00
29.00
_29.00
�5S.00
SS.00
'S0,00
86.00
102.00
22.00
16.00
Cost Billed Plus 1SI
24f Per Mile
A 15o free for administration, coordination, and handling will be
added to subcontracted services such as foundation reports and
specialist services.
These hotirly rates will be subject to increase due to cost increases
and inflationary trends.
R
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RErOLUTf014 N0. 5770
A RF-SOLUTION OIL T11a' CITY COUNCIL OF TIE CITY OF CARLSMD,
CAI,IFORI:11., A PV0Vai•:G API AGRETUCENT B-11M I;N THE CITY OF
01ARTM:.`,1> AIM BERRY;: Ald ADD STa^.F' ENS0I1 INC. FOR CONSULTING
SymIYUS JWZ TIIANSPORTATION ENGINEERING
The City Council of the City of Carlsbad, California, does hereby resolve
as follvws:
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" hnd made a part hereof, is hereby
approved.
2. The ?.yor of the City of Carlsbad is hereby authori.ed and directed to
executed said agreement for and on behalf o: the City of Carlsbad.
PASSED, APPROTM AND ADOPTED at a regular meeting of the Cite Councii of
the City of Carlsbad held the ISth day of May , 1979, b,, the follw:in;
vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSE'Vr• None
RONALD C. PACKAR0, MYOII
ATTEST:
AL 11A L. 1ZAUTI:NMAN:;, CITY Cl,l: M
11 (Sr:AL)
{
AGREEMENT FOR COiISULTING SERVICES
FOR TRANSPORTA7 ION EII?- I NEERI NG
THIS AGREEMENT, made and entered into as of the day of
1979, by and between i-he CITY OF CARLSBAD, a mur`,icipal corporation,
hereinafter referred io as "City," and BERRYMAN & STEPHENSON' INC., a California
corporation, hereinafter referred Io as "Consultant."
W I T N E S S E T 11
WHEREAS, 'the City requires the services of an engineering consult-
ing farm 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/requosts
for service- '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.
c. Provides input and assistance to City in developing the optimum
capabilities and efficiency of Ci•1•y's traffic engineering program.
d. Provides transportation engineering staff review of developmental
projects within the City.
o. Periodically observes traffic conditions in -the City and advises
City staff of various traffic engineering problems.
f. Recommends the scope of special traffic engineering studios
which may be needed 'ta augment field observations and the review of existing
traffic accident, traffic speed and traffic volume do•t•a.
g. Maintains an offico at City Hall No days each week for thrce
hours each day, the schedule of days and hours'to be mutually agreed upon.
h. Advises City staff of grants available to 'the City for W evi-
ating problems relating •i•o pedestrian and vehicular -traffic; e.g., Office of
Traffic Safety, Federal Aid Urban, 513325, SC821, etc.
i. Attends City CounclVmeetings as requested by City wnen Traffic
Safety Cownission's recomimp-ndations or traffic engineering items are on Council
agendas.
j. Provides all necessary consulting services needed for the opera -
•pion of special reports, investigations and 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
requiring special consulting services.
Article 11: Scope of City Staff Resnonsibilitiea
City shall make available all records, reports and other docum=nta-
tion deemed necessary by Consultant to properly perform the services required by
the City.
Article iII: ComRpensation
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, le,
If, Ig and Ih, a monthly retainer of $600 plus incidental out-of-pocket expenses.
b. For the performance of services under Article li and Ij, com-
pensation shall be on a time-and-matorials basis in accordance with Consultant's
latest "Schodule of Ilourly Rates," a copy of which is attached and incorporated
by reference horein, or a fixed lump sum fee as mutually agreed upon,prior to
start of work in accordanco with the lai�st editlon of the American Socioty of
Civil Engineo rs ltinual Wo. 45, "Consulting Engineering - A Cuido for the En-
gagement of Engineering Services."
2
c. City ShalI ccinponsa-to Consultant for tho services perfornpd
' hereunder on a monthly basis within shirty (30) days of receipt of Consultant's
invoico for the services porforund in the previous month.
Article IV: Represeniation '
Consultant shall designate a reprosontotive acceptable to City
who may be changed by giving the City at least two (2) weeks' prior written
i y
notice of said change. City may request, and Consultant shall, upon receipt of
such roquesi, change Consultant's reproseni•ative to a representative of Con-
sultant So is acceptable to City. In the event of said request, City shall
give Consultant at least thirty (30) days' prior wri•Iten notice of such request
for change.
Article V: Responsibility of Consultant
The Consultant is'hired to render a professional service only,
and any payments made to Consultani are compensation solely for such services
as Consultant may render and recomnandations Consultant may make in the course
of i•he 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 in the consultant pro-
fossion.
Article VI: Suspension or Termina•tian 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 termini-
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 io tho City. In such event, the Consultant shall be paid for said
final work in accordance with Article 111.
Article VII: Sixtus of thn Consultant
"he Consultant shalh perform iho services provided for horain
1 i
in C=.uitan't', axn way as an independent contractor and in pursuit of Can-.
'I'rac tor's , i ndopondont call i ng, and not as an emp I oyeo of the City. Contract-
or shall be under control of the City only as to -the result to be accomplished
and the ropresonia'tivo assigned 'to the City.
Article Vill: Conformity_±o Leclal freauiremonts
The Consultant shall cause all project drawings and specifications
that may be prepared for 'the City to conform to all applicable requirements of
law: 'Federal, Statue and local. Consultant shall provide the necessary copies
of such project drawings and specifications, together with all necessary sup-
porting documents, to be filed wi•i'h any agencies wt;ose approval is necessary.
Article IX: Ownership of Documents
All plans, studies, sketches, drawings, reports and specifications
as herein required are the property of the City wheifier the wor' for which they
are made bo executed or not. In 'the event this contract is terminated, 'al l
documents, plans, specifications, drawings, reports and studies shall be de-
livered forthwith to the City.
Article X: Hold Harmless Agreement
The City, its agents, officers, and employees shall not be. liable
for bny claims; liabilities, penalties, fines, or any damage -to goods, proper-
ties, .or of facts of any person whatever, nor for personal injuries io or death of
'them caused by or resulting from or ctaiced 'to have been caused by or resulting
from any act or omission of Consultant or Consultant's agents, employees or rep•-
ros4ntativo,. Consultant further agrees to indomnify and save free r,,nd harilloss
ilia City and its authorized agents, officers, and employees agaiist any of the
foregoing liatfllitios and claims therefor, and any cost and expense that is in-
currod by the City on accoun'l of any claim 1herofor, Including claims by reason
of 'IIleged dofou:: in any plans'and specifications.
Article XI: M .ignmc:nt of Contract
The Consultant shall not assign this contract or any pars •th^roof
..;_
or any monics duo or to becotra duo thereunder without 'the prior written consent
of the City..
Article XII: Subcontracting
If the Consultant shall subcontract any of the work to be performed '
1
under this contract by the Consultant, Consultant shall be fully responsible +o
tJ y
the City for 'the acts dnd omissions of Consultarrl•'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
s
contained in this contract shall create any contractual relationship between any I
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
a
applicable to Consultant's work unless specifically noted to the contrary in the
subcontract in question approved in writing by the City. ,
Article X111: Prohibited Interest {
No official of the City who is authorized in such capacity on
behalf of the City io negotiate, make, accept, or approve, or take part in nego- f
hating, making, accepting, or approving of any architectural, engineering inspec- s
tion, construction, or material supply contractor, or any subcontract in connec-
tion with the constriction of the project shall become directly or indirectly
. s
Interested personally in this contract or in any pG, thereof. No officer, em-
ployce, architect, attorney, engineer, or Inspector of at' for 'the City who is DO--
thorized in such capacity and on behalf of 1ho City to exercise any executive,
supervisor•y, or other similar functions in connection with iho porformanco of
this contract shill become direetll or indirectly interested personally in this
contract or any part thereof.
Article XIV: Verbal Ariroerront' or Convrrsatlon
I,b vorbol agreement or conversation with any officer, agoni•, or
employro of the City, either before, during, or actor the execution of this con-
tracQ shall affect or modify any of the forms or obligations heroin contained,
nor such verbal agreement or conversation entitle the Consultant to any additional
payment wha•tsoover under the terms of this contract.
Article XV: Successors or Assigns y
Subject to the provisions of Article X1, all terms, conditions,
and provisions hereof shall inure to an,i 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't•he day and year first
' a
above written. I
IN WITNESS ►IJEREOF, %Ne have hereunto set our hands and seals.
CITY OF CARLSBAD BERRYMAAN & STEPt1ENSON, INC.
�'. r'7•L �'✓GAS ,i��✓ C-•G•�l BY
R" ONALD C. PACKARD, MAYOR '
.ATTEST: APPROVED AS TO FORM: �
ALETNA L. RAUUNVJMZ, CITY CLERK V I NCENT F i310NDO, JR., CITY ARNEY ;
V
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iTtSASNSM Co EA'2'IUO.CA42027 )kAEP1I0NE(714)705
(7e4}5R.NO0O)X 2a819r SAN 01(:GOO17 1
"
• CONSULTANTS TO GOMM44 NTAL AUNCIES '
SCHEDULE Or HOURLY RATES .' ;
i I EFFECTIVE APRIL 1979 >
"
Ill Project Manage2. $45.00
116,117 Registcred'Engineer/Traffic Engineer ¢O,Op'
` 126 Licensed Land Surveyor 40.0(3 -
Registered Architect 40.0q
'118 :Landscape Architect 40,�f�
1I9._ Senior Designer 38.(}0
} 320' Designer 3 llQ. 3`.0 `
_121 •Draftsperson
.125 Inspector
112 • Principal 44,6.0 -
'•113 !Senior Associate 46,00
115 +Associatc
1?.7 2-Perso,l Survey Crow 75 r p '
128 3-Person Survey Craw
132 L•nliinocring Aide '
131 Clerical4, Typist 14.00
Out -of -Pocket Expenses (tnlghone, Cost riled Plus 151
Printing, reproducing, copying,
;•duplicating, etc.)
Mileage 18t Per Milo
A 1S. ree rot. •thnini�tr.�tion, coordination, and handling; will P
he added to subcontracted services such as foundation repdrts
()nd specialist services.
These hourly rates will he subject to increase; due to cost '
increases and in ri:.t ionavy trends. i
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11-1 , `1 1
RESOLUTION NO. 6196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND BERRYMAN AND
STEPHENSON INC. FOR CONSULTING SERVICES FOR
TRANSPORTATION ENGINEER
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,
approved by Resolution No. 5770, is hereby amended by revising Article III,
"Compensation" of that agreement to read:
a. For performance of services under Article la, lb, lc,
Id, le, If, lg, and lh, a monthly retainer of $780
plus incidental out-of-pocket expenses.
2. The Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for an on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held the 3rd day of June , 1980, by the
following vote,to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and
Kulchin
NOES: None
ABSENT: None �Q !/////•�� //�
R NALD C. PA RD, Mayor
ATTEST:
&ZL / %—_1 A1__-
ANZerk
ALETH L. RAUTENK R y
(SEAL)