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HomeMy WebLinkAbout1989-08-01; City Council; 10169; AGREEMENT FOR CONSULTING TRANSPORTATION PLANNING SERVICES1 , Q E 2 p: CT .. z 0 F 0 a i 0 z 3 0 0 CI’Y)OF CARLSBAD - AGENWILL TITLE AGREEMENT FOR CONSULTING CITY And!! TRANSPORTATION PLANNING AB# /</&? ~~~.b%/84r SERVICES DEPT. PLN CITY MGFG RECOMMENDED ACTION: Adopt Resolution No. {y- 2.d 9 , approving an agreement for consulting transportation planning services. ITEM EXPLANATION On April 15, 1986 Council authorized retention of the services of Marty Bouman as a traffic consultant to the City, operating out of the Planning Department. Mr. Bouman has worked in this capacity as a consultant since leaving the employ of the City in approximately 1984. The terms of the agreement remain consistent with previous agreements. His services will be required on a regular basis to assist staff with transportation related matters for current development and the Growth Management Program. i FISCAL IMPACT The estimate of annual fees not to exceed $40,000.00 is based on 1988-89 expenditures. Funds are available in the Planning Department budget. EXHIBITS 1. City Council Resolution No. <y# 267 2. Agreement for Consulting Transportation Planning Services 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 a e RESOLUTION NO. 89-269 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 agreement authorizing the retention of Bouman and Associates for consulting services as a transportation planner. 3. That funds are available in the Planning Department budget. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 1st day of August , 1989 by the following vote, to 1 wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Ll NOES: None ABSENT: None CMUDE A.( LEWIS, Mayor ATTEST: m L-Q- ALETHA L. RAUTENKRANZ, City Crerk (SEAL! 1 1 0 e AGREEMENT FOR CONSULTING TRANSPORTATION PLANNING SERVICES THIS AGREEMENT, made and entered into as of the * day of * , 1989, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as IrCity,lg and BOUMAN AND ASSOCIATES, INC., hereinafter referred to as "Consultant. I# RECITALS City requires the services of a Transportation Planner to provide necessary engineering services by advising and assisting the Planning Director and the City Engineer; and Consultant possesses the necessary skills and qualifications to provide the services required by City and will specifically make available Mr. Martin J. Bouman to perform such services. 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. Utilize Martin J. Bouman to advise the Planning Director and/or the City Engineer on various transportation planning matters, as well as on matters relating to the four month period during which Martin J. Bouman served as Acting City Engineer. a 0 -2- B. Coordinate and cooperate with various members of the following City departments on transportation planning matters: City Engineer, City Manager, City Attorney, Planning Department, Building Department, Finance Department and Redevelopment Agency. C. Prepare such correspondence and reports as may be required by the Planning Director and/or the City Engineer. D. Attend such meetings of public or private groups as may be required by the Planning Director. E. Be 'lon-callll to perform services at City Hall or at such other locations as the Planning Director may designate. F. Maintain a schedule of days and hours of availability which is satisfactory to the Planning Director. G. Provide transportation for all field reviews, meetings out of the City, and to and from work. H. Maintain comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broadform property damage liability. The combined single limit for bodily injury and property damage shall be not less than $300,000. I. Maintain 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. l e a -3- 2. CITY OBLIGATIONS Under the general direction of the Planning Director 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. C. Make available to Consultant all records, reports, and other documents 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 Planning Director and subject to the provisions of Section 9 of this ayreement, the city shall compensate Consultant for services performed under Article 1 above, at a rate of $55 per hour computed only on the time actually at the office or in the field on behalf of the City of 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 on behalf of the City of Carlsbad. a 0 -4- C. Additional expenses for meetings, including meals, shall be reimbursed by the City on the basis of actual cost when specifically approved by the Planning Director. D. The maximum fees payable under this contract are $40,000.00. 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 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 9 e -5- 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. 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 law. 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 I s possession and put same in order for proper filing and 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. a e -6- 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 Planning Director 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 Planning Director as necessary to ensure compliance with this agreement. 9. CONFORMITY TO LEGAL REOUIREMENTS 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. In 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. e e -7- 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. 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 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 * 0 -8- 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. 15. SUCCESSORS OR ASSIGNS All terms, conditions, and provisions hereof shall ensure to and shall bind each of the 2arties 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 The Consultant shall with the City Clerk of the City of Carlsbad. report investments or interests in real property. e e -9- 18. Contractorls 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. c L@% J. BOUMAN, President Contractorls 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 co nts what are included in this Contract. IN WITNESS WHEREOF, we have hereunto set our hands and seals. BOUMAN AND ASSOCIATES, INC. CITY ATTESTED :