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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. o 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. �9 il�llll . 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 I P 2 u 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 .� MNri 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 1 -G- Y 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 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18', 19 20 21 22 23 24 25 26 27 28 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)