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HomeMy WebLinkAbout1985-12-10; City Council; Resolution 8289? I. 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 RESOLUTION NO. 8289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTING CONSTRUCTION SUPERVISION SERVICES. WHEREAS, the City Manager and the City Council concurs, that additional consulting Construction Supervision must be made available in order for the City to fulfill its obligations; and WHEREAS, a satisfactory agreement to provide Consulting Construction Supervision Services has been negotiated. NOW, THEREFORE, BE IT 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 agreement for Construction Supervision Services, as shown in Attachment A, attached hereto and made a part hereof, is approved, and the Mayor is authorized to sign on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10th day of December 7 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None MARY H.~CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City dlerk (SEAL) AGREEMENT FOR CONSTRUCTION SUPERVISION SERVICES THIS AGREEMENT, made and entered into as of the - /3f4day of December, 1985, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City,ll and DENNIS SMITH, hereinafter referred to as "Consultant .I' RECITALS City requires the services of a Chief of Quality Control/ Associate Civil Engineer to provide necessary construction supervision services for various projects in the City; and Consultant possesses the necessary skills and qualifi- cations 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. Assist the City Engineer in the management of various Capital Improvement Projects and permit development. B. Coordinate and cooperate with various members of all City departments and various outside agencies as required. -2- C. Prepare such correspondence and reports as may be required of each project as assigned by the City Engineer. D. Attend such meetings of public or private groups as may be required by the City Engineer. E. Be "on-call" to perform services at City Hall or at such other locations as the City Engineer may designate. F. Maintain a schedule of days and hours of availability which is satisfactory to the City Engineer. G. Provide transportation for all field reviews, meetings out of the City, and to and from work. H. 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 $300,000. I. Maintain all registrations to practice in this state. 2. CITY OBLIGATIONS Under the general direction of the City Engineer 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. 6. 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 City Engineer and subject to the provisions of Section 9 of this agreement, the City shall compensate Consultant for services performed under Article 1 above, at a rate of $20.43 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 within the City on behalf of the City of Carlsbad. C. Additional expenses for meetings outside the limits of the City, including meals, shall be reimbursed by the City on the basis of actual cost when specifically approved by the City Engineer. D. The maximum fee payable under this contract is $25,334.00 and is based upon 1,240 working hours per year at $20.43 per each hour worked. 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 -4- 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 City of any breach of any part of this agreement. Reimbursement pursuant to Section 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 Consultant or the City Engineer. 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 City Engineer or Consultant 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 involvsd, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. . ..) -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 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 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. 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 City Engineer. The Consultant shall consult with the City Engineer as necessary to ensure compliance with this agreement. -6- 9. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, correspondence, 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 documents for his records. 10. 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. 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 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 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, -7- 12. 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. 13. 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. 14. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 15. 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 income investments or interests in real property. 16. TERM OF CONTRACT The term of this agreement shall run through June 30, 1986, and is renegotiable thirty (30) days prior to expiration. The City shall have the option of offering permanent employment to Dennis Smith as a regular City employee anytime within the specified term of this agreement. The offer of permanent -8- employment shall be for a position not less than that of an Associate Civil Engineer at a rate of compensation equal to or greater than this agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals. DENNIS SMITH CITY OF CARLSBAD: XzL 4 4- t!L-eQb MARY H. JASLER, Mayor J ATTESTED: di!LzLJ ALETHA L. RA City Clerk