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HomeMy WebLinkAbout1985-10-29; City Council; 8387; STAGECOACH PARK CONSTRUCTION MANAGEMENT SERVICES.I r CIIQOF CARLSBAD - AGEN&ILL c AB# a387 DEPT. HI TITLE: 4 MTG." STAGECOACH PARK CONSTRUCTION MANAGEMENT SERVICES DEPT.ENG CITY All RECOMMENDED ACTION: CITY MG Adopt Resolution No. PAC/./ approving an agreement with R (Project No. 3191) and authorizing the Mayor to sign. Lewis for construction management services for Stagecocach Pa: ITEM EXPLANATION The fir continue order t drainage st phase of Stagecoach Park consists of grading a: structures. Work has already begun and is expected at a rate of 10 hours per day, six days per week o meet the construction deadline within the creek are, The City currently does not have sufficient in-house staff perform the construction management and inspection services fl this project. Staff received three proposals for these services from consultir firms : Ray Lewis, Willdan Associates, and Mohle-Grover. RE Lewis was selected as the most qualified to perform the work. F I SCAL IMPACT Sufficient funds are available in the project account. A budgc has been prepared for the entire project which includes E allowance for this consulting service. The fee for Ray Lewis will be on an hourly basis for tin actually on the job but will not exceed $26,000.00. EXHIBITS z 0 i= 0 a 0 .. 4 0 z 3 0 0 I 1. Adopt Resolution No. pa qf approving an agreement wit Ray Lewis for constructlon management services fc Stagecocach Park (Project No. 3191) and authorizing the Mayc to sign. Ir' (I e 0 1 2 3 4 5 6 RESOLUTION NO. 8244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAy APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RAY LEWIS, CONSULTING ENGINEER FOR CONSTRUCTION MANAGEMENT SERVICES FOR STAGECOACH PARK, PHASE I. The City Council of the City of Carlsbad, Californ: 7 does hereby resolve as follows: 8 1. That an agreement between the City of Carlsbad , 9, 10 Ray Lewis, Consulting Engineer, for construction managemi PASSED, APPROVED AND ADOPTED at a regular meeting of 1 16 behalf of the City of Carlsbad. 15 authorized and directed to execute said agreement for and 14 2. That the Mayor of the City of Carlsbad is her1 13 Exhibit 'lA1' is hereby approved. 12 Structures (Project No. 31911, which is attached hereto 11 services for Stagecoach Park, Phase I - Grading and Drain; 17 Carlsbad City Council held on the 29th day of October 18 1 1985 by the following vote, to wit: I 1 19 I/ l~ 20 /I AYES: Council Members Casler, Lewis, Kulchin, Chick and pet, NOES: None 11 21 11 ABSENT: None yL/&."<..; 9- . c,, -29" l/ -I; 22 1 ATTEST: MARY H. v ASLER, Mayor 23 11 241 A&?: iTEEA*d rk 25 1, (SEAL) I: 26 ,I 27 1; 28 11 ,I ~ I 0 0 EXHIBIT A AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR STAGECOACH PARK GRADING CONTRACT THIS AGREEMENT, made and entered into as of the - day of Y 19 " by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and RAY E. LEWIS, CONSULTING ENGINEER, hereinafter referred to as "Consultant .I' RECITALS City requires the services of RAY E. LEWIS, CONSULTING ENGINEER to provide the necessary construction management services for Stagecoach Park Grading Contract; and Consultant possesses the necessary skills and qualifica- tions 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. Provide on-site inspection to ensure Contractor compli- ance with plans and specifications. B. Provide construction management services to ensure contract compliance. e -2 C. Coordinate construction compliance with GEOCON, INC. soils engineers, to be provided by the City. 0. Provide the City with weekly written progress report: detailing construction progress, construction problems projections of time schedule, and any potential additions deductions, change orders or claims. E. Verify quantities for progress payments and final payment to the Contractor. Surveys as needed or required tc verify soil quantities will be provided by the City. 2. CITY OBLIGATIONS The City shall A. Make available upon request any existing: plan$, easements, street improvements, survey data, hydraulic criteria/calculations in its possession for the proposed work. 6. Supply blank mylars (with City title block and borders) necessary for the project. C. Provide review of Consultant's submittal in accordance with an agreed upon schedule. D. Provide payment within thirty (30) days of approval by the City Engineer. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (IO) 0 e . -3- days after receipt of notification to proceed by the City and be completed within thirty (30) days of issuance of the Not.ice of Completion of the construction contract. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer 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. FEES TO BE PAID TO CONSULTANT The fee payable according to Paragraph 5, "Payment of Fees", shall not be more than $26,000.00. 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 upon delivery of approved final construction documents. 6. FINAL SUBMISSIONS Within thirty (30) days of completion of the construction contract, the Consultant shall deliver to the City the following items: A. All final engineering certifications and documents. e a 4 -4- 7. I CHIANGES IN WORK. If', in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consultation: with the other party indicate that a change in the conditions of the Cont.ract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by thc City in the following manner: A letter outlining the requirec changes shall be forwarded to the City or Consultant to inforn them 01' the proposed changes along with a statement of estimatec changes in charges or time schedule. After reaching mutua: agreement on the proposal, a supplemental agreement shall bc prepared by the City and approved by the City Council. Suct supplemental agreement shall not render ineffective or invalidatt unaffected portions of the agreement. Changes requirin! immediate action by the Consultant or City shall be ordered b! the City Engineer who will inform a principal of the Consultant': firm o,F the necessity of such action and follow up with ~ supplemental agreement covering such .work. a. - DESIGN STANDARDS The Consultant shall prepare the plans and specification' in accordance with the design standards of the City of Carlsba and recognized current design practices. Applicable City o Carlsbaid Standards and Regional Standards shall be used wher appropriate. Copies of such standards shall be obtained from th City of Carlsbad. 0 e 9. COVENANTS-AGAINST CONTINGENT FEES -5- 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. IO. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In 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 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 0 e -6- of the percentage of work which the Consultant has performec which is usable and of worth to the City .in having the Contract completed. Based upon that finding as reported to the Citl Council, the Council shall determine the final payment of thc Contract. Final payment shall be in compliance with the Code 0' Federal Regulations. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used tc resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such .questions, if the) become identified as a part of a dispute among persons operatin5 under the provisions of this Contract, shall be reduced tc 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 (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 W 0 -7- nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of Construction Management for Stagecoach Park Grading Contract and any payments made to Consultant are compensation solely for suct services. Consultant shall certify as to the correctness of all designs and sign all plans, furnished with Registered Civil Engineer's number. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upor tendering thirty (30) days written notice to the other party. Ir the event of such suspension or termination, upon request of thc City, the Consultant shall assemble the work product and put Sam in order for proper filing and closing and deliver said produc to City. In the event of termination, the Consultant shall b paid for work performed to the termination date; however, th total shall not exceed the guaranteed total maximum. The Cit shall make the final determination as to the portions of task completed and the compensation to be made. Compensation to b made in compliance with the Code of Federal Regulations. 15. STATUS OF THE CONSULTANT The Consultant shall perform the services provided fa herein in Consultant's own way as an independent Contractor an in pursuit of Consultant's Independent calling, and not as z e _. 8 - employee of the City. Consultant shall be under control 01' the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 16. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specification: to conform to all applicable requirements of law: Federal State, and local. Consultant shall provide all necessar supporting documents, to be filed with any agencies whos~ approval is necessary. The City will provide copies of the approved plans to an other agencies. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, an specifications as herein required are the property of the City whether the work for which they are made be executed or not. I the event this Contract is terminated, all documents, plans specifications, drawings, reports, and studies shall be delivere forthwith to the City. Consultant shall have the right to mak one (1 ) copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not I liable for any claims, liabilities, penalties, fines, or ar damage to goods, properties, or effects of any person whateve] nor for personal injuries or death caused by, or resulting fror 0 e -9- 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 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 incurrec by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects il any plans and specifications, unless the liability or claim i: due, or arises out of, solely to the City's negligence. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any par1 thereof or any monies due thereunder without the prior writtel consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to b performed under this Contract by the Consultant, Consultant shal be fully responsible to the City for the acts and omissions o Consultant's subcontractor and of the persons either directly o indirectly employed by the subcontractor, as Consultant is fo the acts and omissions of persons directly employed b Consultant. Nothing contained in this Contract shall create ar contractual relationship between any subcontractor of Consultar and the City. The Consultant shall bind every subcontractor ar every subcontractor of a subcontractor by the terms of thj e * - 10 Contract applicable to Consultant's work unless specificall) noted to the contrary in the subcontract in question approved ir writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacit) on behalf of the City to negotiate, make, accept, or approve, 01 take part in negotiating, making, accepting, or approving of an) architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirect11 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 or behalf of the City to exercise any executive, supervisory, 01 other similar functions in connection with the performance of this Contract shall become directly or indirectly interestec personally in this Contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or aftel the execution of this Contract, shall affect or modify any of tht terms or obligations herein contained nor such verbal agreemenl or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. (I) - 11 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmlesz 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. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 25. 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 investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. RAY E. LEWIS CONSULTING ENGINEER CITY OF CARLSBAD: 8y & d'k hayor ~ Title AT;;@' ATTESTED: , "._._. -- - P ,'i i (?Yd 2. n- Assis i y A orney City Clerk