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HomeMy WebLinkAbout2000-09-26; City Council; 15909; Traffic Engineering Services For Varios Projects4B# TIs,9ocl HTG. 9/26/00 IEPT. ENG Cl7‘f OF CARLSBAD - AGENDA bhLL TITLE- -- APPROVAL OF AN AGREEMENT FOR PROFESSIONAL ENGINEERING CONTRACTOR TO PROVIDE TRAFFIC ENGINEERING SERVICES FOR VARIOUS ENGINEERING PROJECTS. CITY MGR. + RECOMMENDED ACTION: Adopt Resolution No. d a -%?g pp a roving an agreement with Susan O’Rourke for as-needed professional traffic engineering services. ITEM EXPLANATION: With the level of development occurring throughout the City, the need to provide professional traffic engineering for review of development projects, determine traffic mitigation measures, review the impacts of projects from surrounding communities and provide general professional traffic engineering, the Public Works Engineering Department is experiencing the need for a professional traffic engineer to assist staff. The execution of the Susan O’Rourke contract will provide the City with the ability to appropriately provide professional engineering on an “as needed” basis. Susan O’Rourke is uniquely qualified to assist staff with third party review and plan checking services for professional traffic engineering. “As-needed” professional traffic engineering services are paid for by revenues out of the Engineering Department Operating Budget, developer deposits and various capital improvement projects. A project task description will be prepared for each task with a not to exceed fee for each individual task. The total for all tasks for fiscal year 2000-2001 shall not exceed $300,000. FISCAL IMPACT: Costs for services for “as-needed” professional traffic engineering services will be paid out of the Engineering Department Operating Budget. The Engineering Department collects deposits from developers for third party review, fees are obtained from developers for cost recovery of services for plan checking and there are funds available for various capital projects as part of the project funding. An additional appropriation of $75,000 will need to be added to the Engineering Department Operating Budget for additional professional engineering plan check services. It is estimated that the not to exceed fee of $300,000 will be funded with $175,000 in developer deposits, $50,000 from various capital improvement projects and $75,000 from the General Fund. EXHIBITS: I. Resolution No.m-..%approving an Agreement with Susan O’Rourke and appropriating $75,000 from the General Fund to the Engineering Department Operation Budget for professional traffic engineering services on an “as-needed” basis. 2. Agreement for Professional Engineering Contractor to Provide Traffic Engineering Services for Various Engineering Projects. 3. Memo dated September 15, 2000 from Skip Hammann requesting sole source waiver requirement. Granted request from the Purchasing officer noted on the memo. 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SUSAN O’ROURKE FOR AS-NEEDED PROFESSIONAL TRAFFIC ENGINEERING SERVICES. WHEREAS, the City Council of the City of Carlsbad has determined it necessary, desirable and in the public interest to provide professional traffic engineering services for various engineering projects as needed; and WHEREAS, O’Rourke is uniquely qualified to provide professional traffic engineering services because of the type work previously provided by Susan O’Rourke for traffic modeling in he City; and WHEREAS, Susan O’Rourke has qualified personnel with the necessary skills to provide hese services, and WHEREAS, a mutually satisfactory cost for the services has been negotiated; and WHEREAS, funds for professional traffic engineering will be provided from Engineering Department Operation Budget, developer deposits, and various capital improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. 2. Ill ill Ill Ill Ill Ill II/ Ill Ill Ill That the above recitations are true and correct. That the agreement between the City and Susan O’Rourke is approved and the Mayor is authorized to execute it and the City Clerk shall attest to its execution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill 3. That the Finance Director is authorized to appropriate additional funds in the amount of $75,000 from the General Fund to the Engineering Department Operating Budget for professional engineering plan check services. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 26th day of September 1 2000 by the following vote, to wit: AYEScouncil Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: No (SEAL) 4 AGREEMENT FOR A PROFESSIONAL ENGINEERING CONTRACTOR TO PROVIDE TRAFFIC ENGINEERING SERVICES FOR VARIOUS ENGINEERING PROJECTS THIS AGREEMENT is made and entered into as of the 2nd day of October , 20=, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and SUSAN O’ROURKE DBA O’ROURKE ENGINEERING, CONSULTING ENGINEER, hereinafter referred to as “Contractor.” RECITALS I City require? the services of a Professional Engineering Contractor to provide the necessary studies, reports, cost estimates and general traffic engineering services for various engineering projects; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS The Contractor shall provide qualified professional engineering services as requested by the City including, but not limited to, review and preparation of traffic reports, review and recommendation of cost reports and studies, plancheck services, general traffic engineering, and all equipment and standard reference materials necessary to perform. rev. 4/24/00 -1 - 2. CITY OBLIGATIONS The City shall: 0 Provide Contractor with City standards, specifications, and direction for Contractor to perform services as requested by the City. 3. 0 Provide Contractor with documents or other materials related to the scope of work. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within dates mutually agreed upon between City and Contractor for individual projects. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the Public Works Director. The Public Works Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $300,000 per fiscal year. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. Incremental payments, if applicable, should be made as outlined ‘in attached Exhibit “A.” rev. 4/24/00 -2 - 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Submissions shall be to the satisfaction of the Public Works Director. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. -3 - rev. 4/24/00 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the Public Works Director. The Public Works Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. -4- rev. 4/24/00 Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. 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 Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding -5 - rev. 4/24/00 wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. (Initial) (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. & (Initial) (Initial) 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City -6 - rev. 4/24/00 shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor 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. 16. 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, rev. 4/24/00 -7 - IO specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The -8 - rev. 4/24/00 Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the . contrary in the subcontract in question approved in writing by the City. 21. 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 this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. 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 entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. rev. 4/24/00 -9 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: rev. 4/24/00 -10 - 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. rev. 4/24/00 -11 - 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Name Address For Contractor: Title Name Address Public Works Director Lloyd B. Hubbs 1635 Faraday Avenue Carlsbad, CA 92008 Engineering License Number: RCE 18364 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 4/24/00 -12- 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this CONTRACTOR: day of r .’ s tutu) ~1 d&,Ke ,ow (print name/title) By: (sign here) (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OtheWse, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPRO ED AS TO FORM: Y rev. 4/24/00 -13 - lb State of California ) ) County of San Diego ) On August 16, 2000 before me, Belinda R. Guzman, Notary Public, personally appeared Susan E. O’Rourke personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Title or Type of Document Agreement for a Professional Engineering Contractor to Provide Traffic Engineering Services for Various Engineering Projects Date of Document August 16,200O No. of Pages 14 Signer(s) other than named above None EXHIBIT “A” COMPENSATION RATES AND PAYMENT PROVISIONS AGREEMENT BETWEEN CITY OF CARLSBAD AND O’ROURKE ENGINEERING, CONSULTING ENGINEER City shall pay to O’Rourke Engineering, Consulting Engineer, for the performance of all services rendered pursuant to this Agreement on a “time-and-materials” basis, in accordance with the following Schedule of Billing Rates: Principal Engineer Senior Project Engineer/Planner Project Engineer Project Designer Project Analyst II Project Analyst I Design Support II Design Support I Technician Word Processing Clerical Reproducible Mileage Blueline/Photography $135.00 $90.00 $85.00 $78.00 $64.00 $54.00 $64.00 $54.00 $45.00 $45.00 $40.00 $75 $32 At Cost O’Rourke Engineering, Consulting Engineer, shall submit invoices to the City on a monthly basis. A late payment finance charge will be applied to any unpaid balance, commencing thirty (30) days after the date of the original invoice, at an interest rate of ten (10) percent per annum. rev. 4/24/00 -14 - Exhibit 3 PUBLIC WORKS DEVELOPMENT SERVICES DIVISION MEMORANDUM September 15,200O TO: Ruth Fletcher - Purchasing Officer FROM: Skip Hammann - Senior Civil Engineer WAIVER OF REQUIREMENT OF MULTIPLE PROPOSALS FOR ENGINEERING SERVICES FOR TRAFFIC ENGINEERING SERVICES I request that the requirement for multiple proposals for engineering services for traffic engineering be waived for Susan O’Rourke because of unique qualifications as follows: 1. Currently under contract with the City performing third party traffic engineering review for all master plans currently under review by the City. 2. Assisted the City in preparing regional and city-wide traffic models used in the analysis of master plans and other traffic studies. 3. Specific knowledge with the City’s traffic standards, policies and requirements. September 15, 200 To: Senior Civil Engineer From : Purchasing Officer Based on the above-mentioned information, your request to waive the requirement for multiple proposals for engineering services for traffic engineering is hereby granted. Ruth Fletcher H:\WORD\Hammann\Uniquely Qualified Memo S-15-OO.doc Last saved by Last printed 9/l 5/2000 1056 AM