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HomeMy WebLinkAbout1988-07-05; City Council; 9507; AGREEMENT FOR CONSULTING TRANSPORTATION PLANNING SERVICESAB# q5’? DEPT. I4-N MTGi TITLE: AGREJWNT FOR CONSULTING DEPT. HD. CITY ATTY CITY MGR TRANSPORTATION PLANNING SrnVICES T 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 0 0 RESOLUTION NO. 88-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT FOR CONSULTING TRANSPORTATION PLANNING SERVICES. WHEREAS, the City Council has determined that it is desirable and necessary to retain the consulting services of a transportation planner. NOW, THEREFORE, BE IT HEREBY 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 City Council approves an agreemenl authorizing the retention of Bouman and Associates foi consulting services as a transportation planner. 3, That funds are available in the Planninc Department budget. PASSED, APPROVED AND ADOPTED at a regular meeting oj the City Council of the City of Carlsbad, California, on the 5th day of July , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larso NOES: None I ABSENT: None ATTEST: ALETHA L. RAUTEN'kRANZ, City Qlerk (SEAL) 0 0 AGREE!MENT FOR CONSULTING TRANSPORTATION PLANNING SERVICES THIS AGREEMENT, made and entered into as of the da of , 1988, by and between the CITY C CARLSBAD, a municipal corporation, hereinafter referred to a "City, II and BOUMAN AND ASSOCIATES, INC. , hereinafter referred t as IfConsultant. II RECITALS City requires the services of a Transportation Planner t provide necessary engineering services by advising and assistir the Planning Director and the City Engineer; and Consultant possesses the necessary skills and qualification to provide the services required by City and will specificall make available Mr. Martin J. Bouman to perform such services. NOW, THEREFORE, in consideration of these recitals and tk mutual covenants contained herein, City and a Consultant agree E follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall: A. Utilize Martin J. Bouman to advise the Plannir Director and/or the City Engineer on various transportatic planning matters, as well as on matters relating to the foL month period during which Martin J. Bouman served as Acting Cit Engineer. 0 0 -2 B. Coordinate and cooperate with various members of th following City departments on transportation planning matters City Engineer, City Manager, City Attorney, Planning Department Building Department, Finance Department and Redevelopment Agenci C. Prepare such correspondence and reports as may k required by the Planning Director and/or the City Engineer. D. Attend such meetings of public or private groups as mz be required by the Planning Director. E. Be tton-calltt to perform services at City Hall or z such other locations as the Planning Director may designate. F. Maintain a schedule of days and hours of availabilit which is satisfactory to the Planning Director. G. Provide transportation for all field reviews, meetin5 out of the City, and to and from work. H. Maintain comprehensive general liability insurancc including personal injury liability, blanket contractu? liability, and broadform property damage liability. The combinc single limit for bodily injury and property damage shall be nc less than $300,000. I. Maintain automobile bodily injury and property damac liability insurance covering owned, non-owned, rented, and hirt automobiles. The combined single limit for bodily injury ar property damage shall be not less than $500,000. 2. CITY OBLIGATIONS Under the general direction of the Planning Director ai subject to the provisions of Section 9 of this agreement, tl City shall: a 0 -3 A. Provide Consultant with work space, a telephone materials and supplies, and clerical and technical support, E required. B. Set the schedule of days and hours Consultant shal work, however, use its best efforts to consider the needs c Consultant in setting such hours. C. Make available to Consultant all records, reports, ai other documents deemed necessary by Consultant to proper: perform the services required by the City. 3. FEES TO BE PAID TO CONSULTANT A. Under the general direction of the Planning Direct( and subject to the provisions of Section 9 of this agreement, tl City shall compensate Consultant for services performed undc Article 1 above, at a rate of $55 per hour computed only on tl time actually at the office or in the field on behalf of the Cit of Carlsbad. B. Transportation shall be provided by the Consultant ai no additional compensation shall be provided for transportatic to or from home to the workplace or for field trips on behalf ( the City of Carlsbad. C. Additional expenses for meetings, including meals shall be reimbursed by the City on the basis of actual cost whe specifically approved by the Planning Director. D. The maximum fees payable under this contract ai $36,000.00. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement sha: be paid within twenty (20) days of delivery of monthly billii @ e -4- based on time and materials expended, provided, however, that no fees shall be paid until .the bill has been verified and approved by the Planning Director. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Sections 3.C 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 writing by the principal of the Consultant or the Planning Director. 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 Planning Director principal receiving the letter shall reply tc the letter along with a recommended method of resolution withir ten (10) days. If the resolution thus obtained is unsatisfactor) to the aggrieved party, a letter outlining the dispute shall bc forwarded to the City Manager for resolution. The City Manage may then opt to consider the directed solution to the problem In such cases, the action of the City Manager shall be bindin upon the parties involved, although nothing in this procedur shall prohibit the parties seeking remedies available to them a law. e e -5- 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 upor tendering thirty (30) days written notice to the other party. Ir the event of such suspension or termination, upon request of thE City, the consultant shall assemble all City documents in thc Consultant's possession and put same in order for proper filinc and closing and deliver said documents to City. In the event o termination, the Consultant shall be paid for work performed ti the termination date. The City shall make the fina determination as to the portions of tasks completed and th compensation to be made. Compensation to be made in complianc with the Code of Federal Regulations. 8. STATUS OF THE CONSULTANT The Consultant shall perform the services provided fa herein in Consultant's own way as an independent contractor an in pursuit of Consultant's independent calling, and not as E employee of the City. Consultant shall be under the directic and control of the Planning Director only as to the assignment c tasks, the result to be accomplished and the personnel aSSignc to the project. The Consultant shall consult with the Plannil Director as necessary to ensure compliance with this agreement. 0 @ -6- 9. CONFORMITY TO LEGAL RE(lU1REMENTS 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, whether the work for which they are made be executed or not. Ir 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 writtei consent of the City. 12. SUBCONTRACTING If the Consultant shall subcontract any of the work to bc performed under this contract by the Consultant, Consultant shal be fully responsible to the City for the acts and omissions o Consultant's subcontractor and of the persons either directly o indirectly employed by the subcontractor, as Consultant is fo the acts and omissions of persons directly employed b Consultant. Nothing contained in this contract shall create an 0 0 -7- 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 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 inspect01 of or for the City who is authorized in such capacity and 01 behalf of the City to exercise any executive, supervisory, 01 other similar functions in connection with the performance 01 this contract shall become directly or indirectly interestec 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 th execution of this contract, shall affect or modify any of th terms or obligations herein contained nor such verbal agreemen or conversation entitle the Consultant to any additional paymen whatsoever under the terms of this contract. 0 e -8- 15. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall ensure 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 for a period of one (1) year. 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 report investments or interests in real property. 18. Contractor's Certification of Awareness of Workers' Compensation Responsibility. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. 3- : BOU", President MARTI&ii. mu", President Contractor's Certification of Awareness of Immigration Reform and Control Act of 1986. I am aware of the requirements of the Immigration Reform and Control Act of 1986 and have complied with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants what are included in this Contract. .I 4 -9- e 0 IN WITNESS WHEREOF, we have hereunto set our hands and seals. BOUMAN AND ASSOCIATES, INC. CITY OF CARLSBAD: RAYMOND R. PATCHETT, City Manager APPROVED AS TO FORM: ATTESTED : VINCENT F. BIONDO MICHAEL J. HOLZMILLER City Attorney Planning Director