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HomeMy WebLinkAbout1986-04-22; City Council; Resolution 85171 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8517 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR MUNICIPAL PROJECTS MANAGEMENT SERVICES AND AUTHORIZING THE TRANSFER OF FUNDS TO FINANCE REQUIRED SERVICES. WHEREAS, the City Manager and the City Council concur that additional consulting Municipal Projects engineering time must be made available in order for the City to fulfill its obligations; and WHEREAS, the Engineering Department has screened and interviewed various candidates; and WHEREAS, A. Peter Biniaz, d/b/a APB Engineering co. , was selected to perform management services Municipal Projects Division of Engineering; and WHEREAS, an agreement to provide Municipa Management Services has been negotiated; and advetised, Management within the Projects WHEREAS, a transfer of funds from the City's Contingency Fund to the Engineering Operating Budget for FY 1985-86 must be performed to provide the initial financial threshold necessary to fund said management services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the consultant agreement for Municipal Projects Engineering Management Services by and between the City of Carlsbad and A. Peter Biniaz, d/b/a APB Engineering Management Co., which is on file with the City Clerk and incorporated by this reference, is approved. c 1 2 3 4 5 6 7 8 9 'LO 11 12 13 94 15 16 17 18 19 20! 22 21 23 24 25 26 27 28 I I 3. That a Contingency Fund transfer of TWELVE THOUSAND SIX HUNDRED AND N0/100 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 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY H. ,gASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City &Perk (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 llCity,ll and A. PETER BINIAZ, D/B/A APB ENGINEERING MANAGEMENT CO.,hereinafter referred to as "Consultant .I' 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. €3. Coordinate City departments and and cooperate with various members of all 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 as related to this posit ion'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.technica1 support, as required. 6. Set the schedule of days and hours Consultant shall work, however, use its best efforts to consider the needs of .. e -3- -_ 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 transportat ion 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. 0. 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 .. -4- -~ -_ 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, brokerage 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 nondiscrimination. 7. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, 7 ,-5- -1 -_ 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 e -6- -~ -_ with a recommended method of resolution within ten (IO) 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. IO. 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. 7 -1 -_ 11. STATUS OF THE CONSULTANT -7- 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 -8- -, -_ 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. a -9- -_ 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 option of offering permanent employment to the Conultant as a regular City employee anytime within the specified term of this agreement. - 10 - IN WITNESS WHEREOF, we have hereunto set our hands and seals. APB ENGINEERING MANAGEMENT CO. CITY OF CARLSBAD: MARY H. CASLtR, Mayor APPROVED AS TO FORM: ATTESTED: VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ City Attorney City Clerk