HomeMy WebLinkAbout1984-02-07; City Council; 7557-1; Consultant Traffic EngineerCIP JF CARLSBAD — AGENDA JILL
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TITLE:CONSULTANT TRAFFIC ENGINEER
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RECOMMENDED ACTION:
Staff recommends City Council adopt Resolution No.fl5£>o approving an agreement for
Traffic Engineering Services and transferring funds to the Engineering
Department's Professional Services Account.
ITEM EXPLANATION:
•f*.•For the past several years, Traffic Engineering responsibilities have been met by
a SANDAG contract. Increased developmental activity and an increased emphasis on
minimizing the City's traffic safety liability exposure has resulted in a
significant increase in demand for traffic engineering services. The demand has
shown itself in statements made at Town Hall meetings, in the form of a management
analysis by the Institute of Transportation Safety, and most importantly, by
statements of concern by the City Council.
The City Council, on November 8, 1983, approved in concept an addition to the
Traffic Engineering capability of the Engineering Department. Council directed
staff to see if the need could be met by contracting a Consultant. It can.
When contacting qualified potential candidates, staff talked to three Traffic
Engineers, who were not currently involved in development projects in the City.
One could not make enough time available to meet City needs. The other two
candidates were interviewed by the Assistant City Manager/Developmental Services,
the Acting City Engineer, the Land Use Planning Manager, the Police Chief, and the
Utilities/Maintenance Director. Marty Bouman was the unanimous recommendation.
Mr. Bouman was then interviewed by the City Manager, who concurred with staff's
recommendation.
An agreement for Consulting Services was negotiated, reviewed by the City
Attorney, and is presented to Council for their approval.
The current status of the Professional Service Account in the Engineering Budget
reflects the expediency of hiring contract employees to meet the increased demand
for services. On the brighter side, the increased demand has resulted in higher
revenues. The adopted 1983-84 Budget anticipated the need for $253,883 in Non-
Capital Project Funds to pay for Engineering services. Engineering revenues for
the first 5 months totals $166,900. If this were projected for a full year, the
revenue would approximate $400,000. In other words, actual revenues will exceed
estimated revenues by approximately $150,000. The funds for the new Contract
Traffic Consultant will be transferred from Contingency Funds.
FISCAL IMPACT:
Funds required for the balance of FY 83-84 are $27,000. Funds are available in
the City's Contingency Fund in the amount of $264,623. After this transfer, the
Contingency Fund will have a balance of $237,623.
EXHIBIT:
1. Resolution No. 7^*° approving an agreement for Traffic Engineering Services
and transferring funds to the Engineering Department's Professional ServicesAccount.
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RESOLUTION NO. 7500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTING TRAFFIC
ENGINEERING SERVICES AND TRANSFERRING FUNDS TO THE
ENGINEERING DEPARTMENT BUDGET.
WHEREAS, the City Manager recommends and the City Council concurs, that
additional consulting traffic engineering time must be made available in order
for the City to fulfill its obligations; and
WHEREAS, a satisfactory agreement to provide Consulting Traffic
Engineering Services has been negotiated; and
WHEREAS, a transfer of funds to the Fiscal Year 1983-84 Engineering
Operating Budget must be made to provide the funds necessary for such
consulting traffic engineering.
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 for Traffic Engineering Services, as shown in
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 Twenty-Seven Thousand Dollars ($27,000) from the
Contingency Fund Account No. 01-19-50-2499 to the Engineering Department's
Professional Services Account No. 01-31-10-2470 is hereby authorized and
approved.
4. That the Department of Finance Transfer No. 063 on file in said
Department and incorporated by reference herein is approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 7th day of February , 1984, by the following
vote, to wit:
AYES: Council Mambers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None y
MARY H. CALLER, Mayor
ATTEST:
(SEAL)
AGREEMENT FOR
TRAFFIC ENGINEERING SERVICES
THIS AGREEMENT, made and entered Into as of the
day of , 19 _, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
"City," and MARTIN J. BOUMAN, hereinafter referred to as
"Consultant."
RECITALS
City requires the services of a Traffic Engineer to
provide the necessary engineering services by advising and
assisting the City Engineer in his capacity as City Traffic
Engineer; and
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
Consultant shall:
A. Advise the City Engineer on all traffic matters
including, but not limited to, those matters stated in Section
10.08.070 of the Carlsbad Municipal Code.
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B. Review all pertinent traffic engineering complaints or
requests for services in the field and make appropriate staff
reports.
C. Prepare reports and attend all Traffic Safety
Coordinating Committee and Traffic Safety Commission meetings as
the City Engineer's representative.
D. Provide input and assistance to City in developing the
optimum capabilities and efficiency of City's traffic engineering
program.
E. Provide traffic engineering staff review of
developmental projects within the City. ..
«.
F. Periodically observe traffic conditions in the City and'
advise City staff of various traffic engineering problems.
G. Recommend the scope of special traffic engineering
studies which may be needed to augment field observations and the
review of existing traffic accident, traffic speed, and traffic
volume data.
H. Maintain an office at City Hall with a schedule of days
and hours to be set by the City Engineer.
I. Attend City Council and Planning Commission meetings as
requested by the City Engineer when Traffic Safety Commission's
recommendations or traffic engineering items are on City Council
or Planning Commission agendas.
J. Provide all necessary consulting services needed for
the preparation of special reports, investigations, and studies;
the review of plans, specifications, and cost estimates for City
traffic safety construction projects, such as, traffic signals;
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and any other significant municipal projects or programs
requiring special consulting services as requested by the City
Engineer.
K. Provide his own transportation for all field reviews,
meetings out of the City, and to and from work.
L. Perform limited supervision of an Engineering
Technician II related to traffic engineering assignments and
tasks given to him.
M. Comprehensive general liability insurance, including
personal injury liability, blanket contractural liability, and
broadform property damage liability. The combined single limit
for bodily injury and property damage shall be not less than
$300,000.
N. Automobile bodily injury and property damage liability
insurance covering owned, non-owned, rented, and hired
automobiles. The combined single limit for bodily injury and
property damage shall be not less than $500,000.
2. CITY OBLIGATIONS
Under the general direction of the City Engineer and
subject to the provisions of Section 9 of this agreement, the
City shall:
A. Provide Consultant with work space, a telephone,
materials and supplies, and clerical and technical support, as
required.
B. Set the schedule of days and hours Consultant shall
work, however, use its best efforts to consider the needs of
Consultant in setting such hours.
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C. Make available to Consultant all records, reports, and
other docuements deemed necessary by Consultant to properly
perform the services required by the City.
3. FEES TO BE PAID TO CONSULTANT
A. Under the general direction of the City Engineer and
subject to the provisions of Section 9 of this agreement, the
City shall compensate Consultant for services performed under
Article 1 above, at a rate of $45 per hour computed only on the
time actually at the office or in the field in Carlsbad.
B. Transportation shall be provided by the Consultant and
no additional compensation shall be provided for transportation
to or from home to the workplace or for field trips within
Carlsbad.
C. Transportation to meetings, located outside of a radius
of 10 miles from City Hall, shall be provided by Consultant but
when attendance at such meetings is requested by the City
Engineer, Consultant shall be reimbursed at the current city
approved rate per mile for such transportation.
D. Additional expences for meetings, including meals,
shall be reimbursed by the City on the basis of actual cost when
specifically approved by the City Engineer.
4. PAYMENT OF FEES
Fees earned pursuant to Section 3A of this agreement shall
be paid within twenty (20) days of delivery of monthly billing
based on time and materials expended, provided, however, that no
fees shall be paid until the bill has been verified and approved
by the City Engineer. Payment of any fees pursuant to this
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section shall not constitute a waiver by City of any breach of
any part of this agreement. Reimbursement pursuant to Sections
3.C and 3.D of this agreement shall be made in accordance with
existing City reimbursement policies.
5. 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
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writing by the principal of the Consultant or the City Engineer. .*
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 City Engineer or
principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) days. If
the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the
City Manager for resolution through the Office of the
Assistant City Manager/Developmental Services. The City Manager
may then opt to consider the directed solution to the problem.
In such cases, the action of the City Manager shall be binding
upon the parties involved, although nothing in this procedure
shall prohibit the parties seeking remedies available to them at
1 aw.
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6. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional service only,
and any payments made to Consultant are compensation solely for
such services as Consultant may render and recommendations
Consultant may make in the course of the project.
7. 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 such suspension or termination, upon request of the
City, the Consultant shall assemble all City documents in the
Consultant's possession and put same in order for proper filing and
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closing and deliver said documents to City. In the event of *
termination, the Consultant shall be paid for work performed to the
termination date. 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.
8. 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 the direction and control of the
City Engineer only as to the assignment of tasks, the result to be
accomplished and the personnel assigned to the project. The
Consultant shall consult with the City Engineer as necessary to
ensure compliance with this agreement.
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9 . 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.
The City will provide copies of the approved plans to any
other agencies.
10. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of the City,
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whether the work for which they are made be executed or not. In -r
the event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
(1) copy of the plans for his records.
11. 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.
12. 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.
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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.
13. 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
a;
architectural, engineering inspection, construction or material •*"
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.
14. 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.
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15. SUCCESSORS OR ASSIGNS
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.
16. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
17. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of Carlsbad. The Consultant shall
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report investments or interests in real property. •"
IN WITNESS WHEREOF, we have hereunto set our hands and seals
MARTIN JoBOmwnT™> CITY OF CARLSBAD:
Mayor
APPROVED AS TO FORM: ATTESTED
Assistant City Attorney City CTerk