HomeMy WebLinkAbout1986-04-22; City Council; 8594; Approval of consultant for Munincipal ProjectCIT OF CARLSBAD — AGEND BILL
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MTG 4/22/86
DEPT.ENG
TITLE:
APPROVAL OF CONSULTANT FOR MUNICIPAL
PROJECTS MANAGEMENT SERVICES
DEPT. HD.I
CITY ATTY^
CITY MGR.
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RECOMMENDED ACTION:
By motion, adopt Resolution No. ITS'I *1 approving an agreement for
Municipal Projects Management Services and authorizing the transfer of
funds.
ITEM EXPLANATION
The immediate and future workload demands within the Municipal Projects
Division of the Engineering Department requires 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.
The Engineering Department has placed numerous advertisements to locate
prospective candidates to occupy this void. The advertisement yield has
not been too gratifying; qualified candidates are in short supply.
However, Mr. Peter Biniaz, d/b/a APB Engineering Management Co., was a
respondent to our advertising efforts. Mr. Biniaz possesses a Bachelor of
Science Degree in Mechanical Engineering from Brigham Young University,
supplemented with over twenty years of professional experience. Mr.
Biniaz's industrial experience has ranged from private industry to
municipal government and resides in North County.
The attached consulting services agreement was negotiated, reviewed by the
City Attorney, and is presented to the City Council for their approval.
The duration of these services shall be for one calendar year, at which
time a renewal may be submitted. Either party may terminate the agreement
with a thirty day written notice.
FISCAL IMPACT
The annual impact for these proposed consulting services equates to
$72,800. A transfer of $12,600 is needed from the City's Congingency Fund
for the balance of the Fiscal Year 1985-86. The residual amount of $60,200
shall be financed via the proposed Fiscal Year 1986-87 Engineering
Operating Budget; and cross-charged to each individual Capital Improvement
Project.
EXHIBITS
1. Resolution No. JT^T/7 approving an agreement for Municipal Projects
Management Services and approving the transfer of funds to finance
required services.
2. Letter of Understanding dated April 10, 1986 - Peter Biniaz.
RESOLUTION NO. 85171
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR
3 MUNICIPAL PROJECTS MANAGEMENT SERVICES AND
AUTHORIZING THE TRANSFER OF FUNDS TO FINANCE
4 REQUIRED SERVICES.
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6 WHEREAS, the City Manager and the City Council concur that
7 additional consulting Municipal Projects engineering time must
8 be made available in order for the City to fulfill its
9 obligations; and
10 WHEREAS, the Engineering Department has advetised,
11 screened and interviewed various candidates; and
12 WHEREAS, A. Peter Biniaz, d/b/a APB Engineering Management
13 Co., was selected to perform management services within the
14 Municipal Projects Division of Engineering; and
15 WHEREAS, an agreement to provide Municipal Projects
16 Management Services has been negotiated; and
17 WHEREAS, a transfer of funds from the City's Contingency
18 Fund to the Engineering Operating Budget for FY 1985-86 must be
19 performed to provide the initial financial threshold necessary
20 to fund said management services;
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
22 City of Carlsbad, California, as follows:
23 1. That the above recitations are true and correct.
24 2. That the consultant agreement for Municipal Projects
25 Engineering Management Services by and between the City of
26 Carlsbad and A. Peter Biniaz, d/b/a APB Engineering Management
27 Co., which is on file with the City Clerk and incorporated by
28 this reference, is approved.
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3. That a Contingency Fund transfer of TWELVE THOUSAND
SIX HUNDRED AND NO/100 DOLLARS ($12,600.00) is transferred to
Municipal Projects Engineering Division's Professional Services
Account No. 001-820-3130-2470 is hereby authorized and
approved.
4. That the Department of Finance shall transfer the
appropriated funds as incorporated and referenced herein should
the Resolution be approved.
5. That the Mayor is authorized to execute the Consultant
Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 22nd day of April ,
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
' i^Cg*-^^ JJ -
MARY H. ,#ASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City
(SEAL)
AGREEMENT FOR
PROJECT MANAGEMENT SERVICES
THIS AGREEMENT, made and entered into as of the day of
April, 1986, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and A. PETER
BINIAZ, D/B/A APB ENGINEERING MANAGEMENT CO.,hereinafter referred
to as "Consultant."
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.
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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.
1. Maintain all registrations and certifications as
related to this position's responsibilities.
2. CITY OBLIGATIONS
Under the general direction of the City Engineer and
subject to the provisions of Section 12 of this agreement, the
City shall:
A. Provide Consultant with work space, a telephone,
materials and supplies, and clerical and.technical support, as
required.
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 12 of this agreement, the
City shall compensate Consultant for services performed under
Article 1 above, at a rate of $35 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
$72,800.00 and is based upon 2,080 working hours per year at
$35.00 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
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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. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,
percentage, brdkerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making 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 fee, gift, or contingent fee.
6. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimi'nation.
7. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
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deliver, or perform the work as provided for in this Contract,
the City may terminate this Contract for nonperformance by
notifying the Consultant by certified mail of the termination of
the Contract. The Consultant, thereupon, has five (5) working
days to deliver said documents owned by the City and all work in
progress to the City Engineer. The City Engineer shall make a
determination of fact based upon the documents delivered to City
of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the Contract
completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
Contract. Final payment shall be in compliance with the Code of
Federal Regulations.
8. 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
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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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. HOLD HARMLESS AGREEMENT
The City, its agents, officers, and employees shall not be
liable for any claims, liabilities, penalties, fines, or any
damage to goods, properties, or effects of any person whatever,
nor for personal injuries or death 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
representatives. Consultant agrees to defend, indemnify, and
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save free and harmless the City and its authorized agents,
officers, and employees against any of the foregoing liabilities
or claims of any kind and any cost and expense that is incurred
by the City on account of any of the foregoing liabilities,
including liabilities or claims by reason of alleged defects in
any plans and specifications, unless the liability or claim is
due, or arises out of, solely to the City's negligence.
14. 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.
15. 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.
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16. 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.
17. 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.
18. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
19. 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.
20. TERM OF CONTRACT
The term of this agreement shall run through April 27,
1987, and is renegotiable thirty (30) days prior to expiration.
The City shall have the optiort of offering permanent employment
to the Conultant as a regular City employee anytime within the
specified term of this agreement.
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IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
APB ENGINEERING MANAGEMENT CO. CITY OF CARLSBAD:
MAKYH. CASLER, Mayor
APPROVED AS TO FORM:ATTESTED:
VINCENT F. BIONDO, JRV
City Attorney
ALETHA L. RAUTENKRANZ
City Clerk
1200 ELM AVENUE • SSg?', • TELEPHONE
CARLSBAD, CA 92008-1989 m^UM (619)438-5541
Office of the City Engineer
Citp of Cartebab
April 10, 1986
Mr. Peter Biniaz
3161 Calle Osuna
Oceanside, CA 92056
CONTRACT PROJECT MANAGEMENT SERVICES - CITY OF CARLSBAD
This is to confirm our recent discussion relative to your coming
to work for the City of Carlsbad as a Project Manager in the
Municipal Projects Division of the Engineering Department.
As you are aware, the projects division has an especially heavy
project load at this time. All projects are contracted out for
design or construction at this time. We are desirous of contract-
ing with qualified experienced persons for project management ser-
vices for both design and construction during the heavy workload
period. While no guarantees can be made, it is certainly possible
that permanent position openings may occur that you qualify for
during your contract period with the City. We would, of course,
encourage you to consider applying as they became open.
As agreed, your compensation will be thirty-five dollars ($35) an
hour with an anticipated forty (40) hour work week. You are to
furnish your own transportation to meetings and projects. As you
have observed in the City's standard contract, attached, you are
to meet and provide evidence thereof certain insurance requirements
upon execution of the contract by the Mayor. There are no fringe
benefits associated with this contract.>
We anticipate your contract to go before the City Council on
April 22, 1986 for consideration. I suggest that you not tender
your resignation with your present employer until after execution
of the contract by the Mayor. It is our desire that you join us as
soon thereafter as is reasonable.
Please indicate your concurrence with the above by signing the con-
tract in the appropriate place and return to me immediately. It
must accompany the agenda bill to the Council.
April 10, 1986
Mr. Peter Biniaz
Contract Project Management Services - City of Carlsbad
Page 2
If you have any questions, please feel free to call me at (619)
438-5596.
We are looking forward to working with you. Welcome aboard.
Sincerely,
City Engineer
DED:cle
Enclosure
cc:
Community Development Director
Personnel Director
Finance Director
Principal Civil Engineer - Allen