HomeMy WebLinkAbout1985-10-15; City Council; 8362; Approval of consultant Municipal Project EngineerCH - OF CARLSBAD — AGENLY . BILL
AB# 0~3&*£'
MTG. 10/15/85
DEPT.FNIR
TITLE:
APPROVAL OF CUNSULIANI
MIIMTPTDAI D p n T r r T FMPTNFFRMUlNlLirnL rrtUJC.bl t. IN u 1 IN L. L. r\
DEPT. HD.^fe
CYjpCITY ATTYj/7//
HITY MGR. «^*-
RECOMMENDED ACTION:
OLU
OCE
o
OO
Adopt Resolution No. JZ?/' approving an agreement for
Municipal Project Engineering Services and authorizing transfer
of funds to the Engineering Department's Professional Services
Account.
ITEM EXPLANATION
The immediate and future workload demands within the Municipal
Projects Division require the services of an additional
Associate Civil Engineer. Since these services are required
immediately, it is in the City's best interest to fill this
need with a consultant engineer until such time that a
permanent position is authorized by the City Council.
In August the City Engineer's office placed 3ames McLean on an
hourly contract for Project Management services not to exceed
$5,000.00. An additional $4,950.00 extension was given in
September and will expire approximately October 21, 1985.
Since August, Mr. McLean has functioned as Project Manager for
ten projects and has performed to our complete satisfaction
(see Exhibit 1). The attached agreement has been negotiated
with Mr. McLean to continue to provide engineering services to
the Municipal Projects Division.
An agreement for Consulting Services was negotiated, reviewed
by the City Attorney, and is presented to Council for their
approval.
FISCAL IMPACT
Funds required for the balance of Fiscal Year 1985-86 are
$32,736.00. A balance of $15,000.00 remains in the Municipal
Project Professional Services Account. A transfer of
$20,000.00 from Municipal Projects salary account, available
for a vacant Engineering Technician II position, will bring the
balance to $35,000.00 in the Professional Services Account.
EXHIBITS
O<1. Municipal Projects Assignment List
2. Resolution No. J^LS-*^ approving an agreement for
Municipal Project Engineering Services and authorizing
transfer of funds to the Engineering Department'sProfessional Services Account.
ENGINEERING DEPARTMENT MUNICIPAL PROJECTS DIVISION
PROJECTS ASSIGNED TO JIM McLEAN
NO.
3109
3140
3144
3156
3161
3166
3167
3192
3216
3006
3196
NAME
Harding Street Crossing Signal
Holiday Park/Eureka Place Improvements
Tamarack - Adams to Highland
Jefferson Path
Cynthia Lane Assessment District
El Camino Real Widening
Appian Road Assessment District
Park Drive Assessment District
Park Drive At Marina Drive
Safety Center
City Hall Space Study
BUDGET
$ 24,000
$ 290,000
$ 205,687
$ 95,000
$ 30,000
$ 300,000
$ 15,000
$ 70,000
$2,550,000
$ 25,000
STAGE
Design
Design
Design
Design
Design
Design
Design
Design
Prelim.
Const.
Prelim.
EXHIBIT 1
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. 8214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR
CONSULTING MUNICIPAL PROJECTS ENGINEERING SERVICES
AND TRANSFERRING FUNDS WITHIN THE ENGINEERING
DEPARTMENT BUDGET.
WHEREAS, the City Manager and the City Council concurs,
that additional consulting Municipal Project engineering time
must be made available in order for the City to fulfill its
obligations; and
WHEREAS, a satisfactory agreement to provide Consulting
Municipal Projects Engineering Services has been negotiated;
and
WHEREAS, a transfer of funds within the Fiscal year 1985-
86 Engineering Operating Budget must be made to provide the
funds necessary for such consulting engineering.
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 —Sor Municipal Projects Engineering
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.
3. That a transfer of TWENTY THOUSAND AND NO/100 DOLLARS
($20,000.00) from the Engineering Department Account No. 01-
3130-1100 to the Engineering Department's Professional Services
Account No. 01-3130-2470 is hereby authorized and approved.
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
4. That the Department of Finance Transfer No.
on file in said Department and incorporated by reference herein
is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of October ,
1985 by the following vote, to wit:
AYES: Council Menfoers Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY H. CASLER, Mayor
ATTEST:
rk .
ALETHA L. RAUTENKRANZ, City CleS
(SEAL)
AGREEMENT FOR
PROJECT MANAGEMENT SERVICES
THIS AGREEMENT, made and entered into as of the day of
October, 1985, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and GAMES McLEAN,
hereinafter referred to as "Conaultant."
RECITALS
City requires the services of a Project Manager/Associate
Civil Engineer to provide necessary project management services
for various Capital Improvement Projects; 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.
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 and certifications for a
civil engineer licensed 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.
- 3 -
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 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 $22 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
$32,736.00 and is based upon 1,488 working hours per year at
$22.00 per each hour worked.
- 4 -
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 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 principal of 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
principal 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'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 shaTl 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
- 6 -
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.
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
- 7 -
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.
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
- 8 -
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 3une 30, 1986,
and is renegotiable thirty (30) days prior to expiration. The
City shall have the option of offering permanent employment to
Dames McLean as a regular City employee anytime within the
specified term of this agreement. The offer of permanent
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.
ES MCLEAN CITY OF CARLSBAD:
APPROVED AS TO FORM:
MARY H. CASLER, Mayor
ATTESTED:
DANIEL S. HENTSCHKE
Assistant City Attorney
ALETHA L. RAUTENKRANZ
City Clerk