HomeMy WebLinkAbout1979-05-15; City Council; Resolution 57701
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RESOLUTION NO. 5770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNLA, APPROVING AN AGR3EMENT BETWEEN THE CITY OF
CARLSBAD AND BERFXkIIAN AND STEPHENSON INC. FOR CONSULTING
SERVICES FOR TWNSPORTATION ENGINEERING
The City Council of the City of Carlsbad, California, does hereby resolve
3s follows:
1. The certain agreement between the City of Carlsbad and Berryman and
Stephenson Inc. for consulting services for transportation engineering, a copy
3f which is attached hereto marked Exhibit "A" and made a part hereof, is hereby
spproved.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to
executed said agreement for and 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 15th day of May , 1979, by the following
vote, to wit:
AYES:
NOES :
ABSENT :
Councilmen Packard, Skotnicki, Anear, Lewis and
None Councilwoman Casler
None *.4--.. .,
RONALD C. PACKARD, MAYOR
ATTEST :
AGREEMENT FOR CONSULTING SERVICES
FOR TRANSPORTAT I ON ENG I NEERI NG
..
THIS AGREEMENT, made and entered into as of the day of
, 1979, by and between the CITY OF CARLSBAD, a municipal corporat
hereinafter referred to as "City," and BERRYMAN & STEPHENSON, INC., a Californ
on ,
a
corporation, hereinafter referred to as "Consultant."
W'I T N E S S E T H :
WHEREAS, the City requires the services of an engineering consult-
& ing firm 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/requests
for services 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 Cify's representative.
c. Provides input and assistance to City in developing the optimum
capabilities and efficiency of City's traffic engineering program.
d.' Provides transportation engineering staff review of developmental
projects within the City.
e. Periodically observes traffic conditions in the City and advises
City staff of various traffic engineering problems.
f. Recommends 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 vol'ume data.
0
. g. Ma i nta ins
hours each' day, the schedule
an office at City
of days and hours
e-
Hal l two days each week for three
to' be mutual ly agreed upon.
h. Advises City staff of grants available to the City for allevi-
* ating problems relating to pedestrian and vehicular traffic; e.g., Office of
Traffic Safety, Federal Aid Urban, SB325, SB821, etc.
i. Attends City Council meetings as requested by City when Traffic
Safety Commission's recommendations or,traffic,engineering items are on Council
agendas .
c
j; Provides all necessary consulting services needed for the opera-
tion 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 projec-f-s or programs
requiring special consulting services.
Article 11: Scope of City Staff Responsibilities
City shalll make available. a1 I records, reports and other documenta-
tion deemed necessary by Consultant to properly .perform the services required by
the City.
Article Ill: Compensation
Ci-f-y shall compensate Consultant for services performed under Ar-
ticle I in accordance with the following schedule:
D a. For performance of services under Articte la, Ib, IC, Id, le,
If, lg and Ih, a knthJy 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-materials basis in accordance with Consultant's
latest "Schedule of Hourly Rates," a copy of which is attached and incorporated
by reference herein, or a fixed lump sum fee as mutual ly agreed upon prior to
start of work in accordance with the lafestedifion of the American Society of
. Civil Engineers Manual No. 45, "Consulting Engineering - A Guide for the En-
gagement of Engi neer i ng Services . ''
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c. c
hereunder on a month
invoice for the serv
ty Shall compensate Consultant for the services performed
y basis within thirty (30) days of receipt of Consultant's
ces performed in the previous month.
a
Article IV: Representat ion
Consultant shall designate a represen-kative acceptable to City
who may be changed by giving the City at least two (2) weeks' prior written
notice of said change. City may request, and Consultant shall, upon receipt of
such request, change Consultant's represent.ative to a representative of Con-
sultant who is acceptable to'City. In the event ,of said request, City shall
give Consultant at least thirty (30) days',prior written 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 Consultant are compensation - solely for such services
as Consultant may render and recommendations Consultant may make in the course
I
of the projecf. 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 to the consultant pro-
f ess i on.
Article VI: Suspension or Termination of Services
This agreement may be terminated by either party upon tendering
In the event of termina-
*
thirty (30) days' written notice to the other party. ..
. 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 to the City. In such event, the Consultant shall be paid for said
final work in accordance with Article Ill.
Article VII: Status of the Consultant
The Consultant shal I perform the services provided for herein
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.. .. . . . . ... . -. ._.I _. . . . ._ A".'
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in Consultant's own way as an independent contractor and in pursu
tractor's independent calling, and not as an employee of the City ..
dr s ha I
and the
Article
t of Con- .
Contract-
be under control of the City only as to the result to be accomp4ished
representative assigned to the City.
VI I I : Conformity to Legal Requi rements
The Consultant shai I cause a1 I project drawings and specifications
' that may 'be prepared for the City to conform to a1 I applicable requirements of
law: 'Federal, State and local. Consultant shall provide the necessary copies
of such project drawings and specifications, together with all necessary sup-
porting'documents, to be filed with any agencies whose approval is necessary.
Article 1X: 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 +he event this contract is terminated, all
documents, plans, specifications, drawings, reports and studies shall be de-
. livered forthwith to the City.
Article X:' Hot d Harmless Agreement
The City, its agents, officers, and employees shall not be liable
' for any claims, liabilities, penalties, fines, or any damage to goods, proper-
ties, ,or effects of any person whatever, nor for personal injuries to or death of
. . them caused by. or resulting from or claimed to have been caused by or resulting
from any act or omission of Consultant or Consultant's agents, employees or rep-
resentatives. Consultant further agrees to indemnify and save free and harm!ess
the City and its authorized agents, officers, and employees against any of the
foregoing liabilities and claims therefor, and any cost and expense that is in-
curred by the City on account of any claim therefor, including claims by reason
of al leged defects in any plans and specificatiops.
Article XI: Assignment of Contract
The Consultant shall' not assign this contract or any part thereof
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or any monies due or to become due thereunder without the prior written consent
of the City.
Article XI I: 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 per-
sons either directly or indirectly employed by the subcontractor, as Consultant
is for the acts and omissions of persons directly employed by Consultant. Nothiiig
contained in this contract shal I create any contractual relationship between any
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
applicable to ConsuItanf's work unless specifica1,ly noted to the contrary in the
. subcontract in question approved in writing by the City.
Article XI 11: 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 nego-
tiating, making, accepting, or approving of any architectural, engineering inspec-
tion, construction, or material supply contractor, or any subcontract in connec-
tion with the construction of the project shal I' become directly or indirectly
interested personai I y in this contract or in any part thereof. No officer, em-
ployee, architect, attorney, engineer, or inspector of or for the City who is au-
thorized 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.
Article XIV: 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 con-
tract, shall affect or modify any of the terms or obligations herein contained,
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nor such verbal agreement or conversation entitle the Consultant to any additional
payment whatsoever under the terms of th i s contract.
Article XV: Successors or Assigns 0
Subject to the provisions of Article XI, all terms, conditions,
and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of thei r respective hei rs, executors, admi n i strators, successors, and
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ass i gns .
Article XVI: Effective Date
This
..
above written.
IN W
CITY OF CARLSBAD
contract shall be e,,active on an( from the day and year first
TNESS WHEREOF, we have hereunto set our hands and seals.
BERRYMAN & STEPHENSON, INC.
ATTEST :
.
APPROVED AS TO FORM: I