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HomeMy WebLinkAbout1986-12-02; City Council; Resolution 8895I I I l( 1: 1: 1: 11 l! 1( 1: 1E 15 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 8895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTA IT AGREEMENT TO PROVIDE FOR PROJECT MANAGEMENT AND APPROVING PLANS AND SPECIFICATIONS: AUTHORIZING THE CITY CLERK TO READVERTISE BIDS FOR PHASE I OF CALAVERA HILLS COMMUNITY PARK, PROJECT NO. 3173 WHEREAS, the City Council of the City of Carlsbad has determined it is necessary and in the public interest to construct the Calavera Hills Community Park and; WHEREAS, project management and inspection can best be provided by a private consultant, an agreement with whom is attached hereto and made a park thereof and; WHEREAS, plans and specifications for the furnishing of all labor, materials, tools, equipment, transportation, and other expenses necessary or incidental for site improvements and community center for said project, Project No. 3173 have been prepared and are on file in the City Clerks Office of the City of Carlsbad and are incorporated by reference herein: 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. The agreement for project management is hereby approved. 3. The plans and specifications as presented are hereby approved. 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to proceed to publish, in accordance with law, Notice to Contractors inviting bids for the Phase I of Calavera Hills Community Park in accordance with the plans and specifications herein above referred to. I 2 5 4 E E 7 E 5 ZC 11 12 13 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 2nd day Of December 1986 by the following vote, to wit: - AYES: Council Members Lewis, Kulchin and Pettine NOES : Council Member Mamaux ABSENT: None ATTEST : A.LETHA L. RAUTEN (SEAL) AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CITY OF CARLSBAD, CALAVERA HILLS PARK, PHASE I day of 9 19 9 by and between the CITY OF CARLSBAD, a THIS AGREEMENT, made and entered into as of the municipal corporation, hereinafter referred to as "City," and Alan P. Chamberlain, hereinafter referred to as "Consultant." RECITALS City requires the services of Alan P. Chamberlain to provide the necessary construction management and resident inspection services for the City of Carlsbad's construction of Calavera Hills Park, Phase I; and Consultant possesses the necessary experience, knowledge, skills and qualifications 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 1. Act as general liason between the project contractor and City. 2. Ensure timely completion of project in-accordance with the plans and specifications by anticipating problems, minimizing delays, and recommending prompt remedial action. EXHIBIT 1 -2- 3. Make daily site vists to the project as required to ensure the proper progress of the scheduled work. 4. Coordinate, negotiate, and process project Change Orders in accordance with City policies. 5. Attend all pre-construction, project progress, and any other meetings between City and the project contractor including coordinating meetings as may be required for the proper and orderly completion of the project. 6. To author and maintain daily written summaries of project activity and progress. Said summaries shall be submitted to City for review on a weekly basis and forwarded to City upon completion of the project. 7. Coordinate and implement project and traffic safety. 8. Provide all personal transportation during the course of this agreement. 9. Maintain automobile, bodily injury, and property damage liability insurance covering owned, non-owned, rented and hired automobiles and other vehicles; the combined single limit for bodily injury and property damage shall not be less than $300,000. IO. Perform construction management and resident inspection duties required to complete the project pursuant to the plans and specifications and perform related duties at the direction of City as may be required. 2. CITY OBLIGATIONS Under the general direction of the Parks and Recreation and -3- Municipal Projects Departments, and subject to the provisions of Section 9 of this agreement, the City shall: A. Provide Consultant with work space, telephone, materials and supplies, and clerical and technical support as needed. 8. Set the schedule of days and hours Consultant shall work, however, using its best efforts to consider the needs of the Consultant in setting such hours. C. Make available to Consultant all records, reports, and other documents deemed necessary by the Consultant to properly perform the services required by the City. D. Pay Consultant in accordance with the sates and schedule 3. as set forth in Sections 4 and 5 of this agreement. PROGRESS AND COMPLETION The work under this Contract will begin upon City's receipt and subsequent evaluation of bids received for this project. After receipt of Notification to Proceed by the City, the work under this contract is estimated to be completed within 180 consecutive calendar days or whenever the project contractor completes the project with subsequent City acceptance. Extenstions of time may be granted if requested by the Consultant and agreed to in writing by the City. In consideration of such requests, the City will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. -4- 4. FEES TO BE PAID TO CONSULTANT The hourly fee payable according to Paragraph 5, "Payment of Fees", shall be $50.00 per hour. The estimated number of hours for work to be performed by Consultant over the life of this agreement is twenty (20) hours per week. It is understood by the parties to this agreement that the Consultant may be required to perform work from time to time in excess of this estimated number of hours and shall be compensated accordingly. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be monthly upon receipt and approval of invoices submitted by Consultant and approved by City. 6. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bonafide 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 bonafide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from the award or making of this a gr eeme n t . For breach of 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 consultant fee. -5- 7. NON-DISCRIMINATION CLAUSE The Consultant shall comply with State and federal ordinances regarding non-discrimination, 8. CHANGES IN WORK ~~ If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 9. TERMINATION OF CONTRACT Xn the event of the Consultant's failure to prosecute, 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 -6- 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. The City 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. IO. 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. 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 or principal receiving the letter shall reply to the letter along 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 Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this -7- procedure shall prohibit the parties seeking remedies available to them at law. 11. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional construction management and resident inspection services for the City's Calavera Hills Park project and any payments made to Consultant are compensation solely for such services. 12. 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 the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. 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. 13. 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 control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as -8- provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or worker’s compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 14. 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/her records. 15. 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 -9- intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, a.nd 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. 16. 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. 17. 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 Contrack shall create any contractual 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. - 10 - 18. 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. 19. 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. 20. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 15, "Hold Harmless Agreement", 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. - 11 - 21. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ALAN P. CHAMBERLAIN CITY OF CARLSBAD: BY Mayor Title APPROVED AS TO FORM: ATTESTED: Assistant City Attorney City Clerk