HomeMy WebLinkAbout1985-10-29; City Council; 8387; STAGECOACH PARK CONSTRUCTION MANAGEMENT SERVICES.I r
CIIQOF CARLSBAD - AGEN&ILL c
AB# a387 DEPT. HI TITLE:
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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
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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.
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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 ,
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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:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and pet,
NOES: None
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21 11 ABSENT: None yL/&."<..; 9- . c,, -29" l/ -I;
22 1 ATTEST:
MARY H. v ASLER, Mayor
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241 A&?: iTEEA*d rk
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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.
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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)
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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.
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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.
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9. COVENANTS-AGAINST CONTINGENT FEES
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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
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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
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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
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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
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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
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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.
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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:
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P ,'i i (?Yd 2. n-
Assis i y A orney City Clerk