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HomeMy WebLinkAbout1984-02-07; City Council; Resolution 74991 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 RESOLUTION NO. 7499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, MENT ENGINEERING SERVICES AND TRANSFERRING FUNDS TO THE ENGINEERING DEPARTMENT BUDGET. CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTING DEVELOP- WHEREAS, the City Manager recommends and the City Council concurs, that 3dditional consulting development engineering time must be made available in wder for the City to fulfill its obligations; and WHEREAS, a satisfactory agreement to provide Consulting Development Ingineering Services has been negotiated; and WHEREAS, a transfer of funds to the Fiscal Year 1983-84 Engineering Iperating Budget must be made to provide the funds necessary for such consulting levelopment engineering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Ialifornia, as follows: 1. That the above recitations are true and correct. 2. That the agreement for Development Engineering Services, as shown in Zttachment A, attached hereto and made a part thereof , is approved, and the layor is authorized to sign on behalf of the City. 3. That a transfer of Thirty-Three Thousand, Six Hundred Dollars ($33,600) from the Contingency Fund Account No. 01-19-50-2499 to the Engineering Iepartment's Professional Services Account No. 01-31-10-2470 is hereby iuthori zed and approved. 4. That the Department of Finance Transfer No. 066 on file in said lepartment and incorporated by reference herein is approved. fll Ill Ill f Il 3 I 2 7 % 4 F u e 7 E S 'LC 12 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 "hers Casler, Lewis, Kulchin, Chick and Presmtt NOES: None ABSENT: None MARY H. CVkER, Mayor 4TTEST: pA3kLR. @& HA L. RAUTENKRANZ, City Clerk 1 (SEAL) AGREEMENT FOR DEVELOPMENT ENGINEERING SERVICES THIS AGREEMENT, made and entered into as of the d aY of 9 19 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as and FRASER AND ASSOCIATES, hereinafter referred to as "Consultant .I' RECITALS a. V' c. City requires the services of a Development Engineer to provide the necessary engineering services by advising and assisting the City Engineer in the review and processing of private developments within the City ; and Consultant possesses the necessary skills and qualifica- tions 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. Review tentative maps and other developmental plans submitted to the City for conformance to City Standards, City Codes, and good engineering practice. c 5 -2- B. Provide liaison between the City Engineer's office and other City departments, the general public, and developers. C. Make field inspections of project sites to assess the general accuracy and completeness of development plans and to assure the relevance of comments to the area in which the project is proposed. D. Attend Developmental Coordinating Committee and Planning Commission meetings at the direction of the City Engineer. E. Prepare reports evaluating the documents reviewed pursuant to the scope of duties, said reports to be typed, bound, or processed as otherwise necessary by City personnel. .l- L. T-- F. Develop procedures and processes to streamline development plan processing within the Engineering Department and recommend them to the department. G. Other duties necessary to perform and direct developmental plan processing. H. Consultant shall procure and maintain the following insurance policies, each of which shall provide primary coverage with respect to work performed under this agreement. The City shall be named additional insured except as to professional 1 i abi 1 ity: 1) 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. -5- 2) 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. 3) Professional liability insurance covering damages resulting from errors or omissions of the Engineer. The limit of liability shall be not less than $100,000. The deductible amount shall be no more than $5,000. 3. UNPLANNED SERVICES City and Engineer agree that certain incidental work relative to the operation of the City cannot be defined sufficiently at the time of execution of the agreement. Compensation for unplanned services- . shall be as provided in Item 4D. Unplanned engineering services may include, but are not limited to, the following: .I- A. Services performed for the City by personnel other than Mr. Walter Brown. B. Rental or compensation for equipment or facilities required by Mr. Brown in the performance of his duties not provided by the City. Authorization for unplanned services shall be done on a task order basis. Each task order shall describe the work to be done, the time for completion, the method of compensation, and the estimated cost ceiling for the work. Each unplanned service shall be authorized in writing by the Assistant City Manager/Developmental Services. -4- 4. FEES TO BE PAID TO CONSULTANT A. The compensation rate for planned engineering services shall be based on a ratio of hours worked per week to the total hours available in a normal City work week, excluding ho'lidays and sick leave, as follows: 1) Except as noted in Item B of this section, the compensation rate for work meeting or exceeding 80 percent of the normal City work hours per week shall be 40 dollars per hour or 80 percent of the standard rate as shown on the attached Exhibit A. 2) The compensation rate for work equal to or exceeding 50 percent of the normal City work hours, but less than 80 percent of the normal City work hours, shall be 50 dollars per hour or 100 perce6t-of the standard rate as shown on the attached Exhibit A. a- ?. 5. The City Engineer shall set the number of required work hours for the Engineer one week- in advance of the work to be performed. The Engineer shall work a minimum of 50 percent of the normal City work week. Should the Engineer be unable to accomplish the required number of work hours by reason of illness, or at the election of the Consultant, the rate paid for the work accomplished during that week shall be the rate that would have been paid for the number of hours as specified by the City Engineer. C. The discount rate and the basic billing rate will be subject to review in April and October of each year and are subject to reasonable adjustments due to increase in costs. D. Compensation for unplanned services shall either be on an hourly rate basis in accordance with the schedule of hourly rates contained in Exhibit A or as mutally agreed upon at the time. The compensation shall be set forth in each of the written task orders. I7 -5- E. It is understood and agreed by the City and the Engineer that no employee of the Consultant shall become an employee of the City by reason of this agreement. At all times during the course of this agreement, the Consultant shall maintain a policy of Workers' Compensation Insurance meeting statutory requirements. Employees of the Consultant shall not enjoy any of the rights or privileges of employees of the City, including but not limited to group life and health insurance, membership in the Employees' Association, and retirement benefits. All labor relations issues concerning employees of the Consultant shall be the responsibility of the Consultant. 5. PAYMENT OF FEES 3- Fees earned pursuant to Section 4 of the 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 Section shall not constitute a waiver by the City of any breach of any part of this agreement. Reimbursement pursuant to Section 4 of this agreement shall be made in accordance with existing City reimbursement policies. 6. 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 City Engineer. A copy of such documented dispute I -6- 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 resoluti'on 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 ManagerjDevelopmental 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 law. 7. RESPONSIBLITY OF THE CONSULTANT a- c- 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. 8. 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, closing, and deliver said documents to the City. In the event of termination, the Consultant shall be paid for work performed to the termination date. The City shall make the final e -7- 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. 9. 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. 0- ” c- 10. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specificiations 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. 11. 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. -a- 12. 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. 13. 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 .' a- C' c- 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. 14. 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 inspector of -9- 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 personal1.y in this contract or any part thereof. 15. 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. P- T-- 16. 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. 17. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 18. 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. - 10 - IN WITNESS WHEREOF, we have hereunto set our hands and seals. FRASER AND ASSOCIATES CITY OF CARLSBAD: Flayor Title APPROVED AS TO FORM: ATTESTED : Assistant City Attorney City Clerk D Professional Engineer I Engineer If Engineer I11 Engineer IV Engineer v Engineer VI Engineer VI1 Technical Draftsperson I Draftsperson XI Draftsperson I11 Draftsperson IV Effective Nov. 1, 1983 EXHIBIT "A" FRASER & ASSOCIATES Schedule of Hourly Billing Rates Hourly Billing-Rate+ S 25-00 35.00 40.00 45-00 50.00- 55.00 60.00 PI .t: T-- 25.00 30.00 35.00 45.00 Adz in is t r at ive Administrative Ass is tant I 15.00 Administrative Assistant 11 20.00 Administrative Assistant I11 25.00 Two-man Survey Party 95.00 Surveying Three-man Survey Party 125.00 *Hourly billing rate includes overhead, profit, employee fringe benefits including sick pay, vacation, holidays, social security, medical expenses, pension, Workman's Compensation and State and .. Federal Unemployment Tax. Rate8 are subMct to review in April and October of each year. Direct Costs Direct costs including telephono, postage, reproduction, travel, lodging and Sub8iStenCe will be billed at cost plus 10 percent. Mileage will be billed at 30C per mile. /s A t