HomeMy WebLinkAbout1989-03-21; City Council; 9927; APPROVAL OF CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CARLSBAD SENIOR CENTER PROJECTE AB# qq%q TITLE
MTG. 3/21/89
DEPT. MP THE CARLSBAD SENIOR CENTER PROJECT
APPROVAL OF CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR
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CIa OF CARLSBAD - AGENW BILL ' ' wm
RECOMMENDED ACTION:
Adopt Resolution No. 84-8b approving a consultant agreement f construction management services for the balance of t construction of the Carlsbad Senior Center and Carl&& Unifi
School District Education Center, Project No. 3247.
ITEM EXPLANATION:
School District project is currently underway. Because of t
magnitude and complexity of the project, staff recommends t retention of a qualified, professional construction manageme
firm to oversee the balance of the project. The scope of work to include:
Construction of the Carlsbad Senior Center and Carlsbad Unifi
Provide field construction management services requil
by the City to continue to effectively manage t
balance of the project.
Provide claims administration services for the rev: and evaluation of contractor submittals. Assist 1
City with contractor claims negotiations.
Log, serialize, and catalog all project dai correspondence, daily, weekly and monthly repori
progress schedules , change requests , subcontrac' submittals, and all other documents and reports rela- to the construction phase of the project.
Act as liaison between the City and the proj
contractor , the proj ect architect , the resid
inspector, and other public agencies and priv
individuals as may be required.
Document construction progress and adherence to construction schedule.
Forecast and plan for construction issues so as minimize delays and schedule and cost impacts.
Represent the Cityus interests with respect to prope and effectively documenting all construction activit and communications with the contractor.
Insure quality control and contractor consistency k
the approved contract documents, construction pla and specifications.
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Page Two of Agenda Bill No. qYa.3
The project is currently approximately 30% complete and : scheduled for total completion and occupancy this Fall. TI attached consultant agreement provides for the constructic manager to serve full time on the project through late July whc
the majority of major structural construction items should 1
completed. The construction manager is then scheduled to WOI
part time, or three (3) days per week, for the balance of tl project through to completion.
The firm identified as being most qualified to provide the! services is Mr. Darrell E. Waters, Construction Managemel Contract Consultants (CMCC). Mr. Water's firm specializes construction management services and is familiar with tl project scope, construction documents, and current Cit contractor issues. Staff recommends approval of the attach( consultant agreement.
FISCAL IMPACT:
The attached consultant agreement provides for an hourly rate
$60.00 per hour for the full time construction manager. Th rate is consistent with other hourly rates paid for reside inspectors and managers on other City projects.
Total cost for the services is estimated to be $60,000 throu the balance of the construction of the project. There is sufficient balance of funds in the project I s contingency accou to enable the retention the required management services.
EXHIBITS :
1. Resolution No. 89 $b approving a consultant agreement f
construction management services for the Carlsbad Seni
Center and Carlsbad Unified School District Education Cent
pro j ect .
2. Consultant agreement.
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TO- CARLSBAD CITY COI’ IL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoul
not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
. __________-__---_----------------------
TO: CARLSBAD CITY COI IL
I am proud that our city has an Art in Public Places program.
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
._____------ ----------------------------------_-.--- __ _-_______________
. TO: rARLSBAD CITY Cot IL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
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TO: CARLSBAD CITY COL .IL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc
not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY C ICIL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the-selection from that very thing.
Please support
The process
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TO: CARLSBAD CITY COL, JL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
Please support
The process
____________________---------------------------------------------------------.
TO: CARLSBAD CITY COc LIL
I am proud that our city has an Art in Public Places program. Please support
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc not be rejected on the basis of some individuals not liking it. The process
was established to protect the selection from that very thing.
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TO: CARLSBAD CITY Cr 'ICIL
I am proud that our city has an Art in Public Places program.
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
----- ......................
TO: CARLSBAD CITY CC :IL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. was established to Protect the selection from that very thing,
Please support
The process
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TO: CARLSBAD CITY COU' L ~
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY COU, L
I am proud that our city has an Art in Public Places program.
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
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TO: CARLSBAD CITY COL :L
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
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, please cut and mail today
______________^_______ _________________------------- ......................
TO: CARLSBAD CITY COUNCIL
I am proud that our city has an Art in Public Places Program- the established process for selecting the Public art for the Senior Many have worked hard to set up an equitable method Of selection and it shou1d not be rejected on the basis of some individuals not liking it* was established to protect the Selection fi"om that very thing-
Please support Center.
The process
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TO: CARLSBAD CITY COl' IL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
.-. ' 1% I am prouu that Our C*,Y has an Art in Public Places PI, <rim. the estab1ished ProceYs for Selecting the public art for pJje Senior Center..
Many have worked hard to set UP an equitable method of selection and it should not be rejected on the basis of some individuals not liking it, was estab1ished to protect the Selection from that very thing.
please support
The process
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TO: CARLSBAD CITY COU .L .
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
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Please support
The process
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TO: CARLSBAD CITY COUNCIL
I am proud that our city has an Art in Public Places program. the established process for selecting the puMc art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
-----------------------------------------------------------------------------.
TO: CARLSBAD CITY COUILIL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY COUNCIL
I am proud that our city has an Art in Public Places program, the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
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TO: CARLSBAD CITY COI IL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc
not be rejected on the basis of solne individuals not liking it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY COU L -
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc not be rejected on the basis of some individuals not likinc it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY CC' TIL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
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TO: CARLSBAD CITY CC :IL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the putjic art for the Senior Center.
Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
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TO: CARLSBAD CITY COUNCIL
I am proud that our cluy has an Art in Public Places pi the established process for selecting the public art for -the Senior Center. Many have worked hard to set up an equitable method Of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing-
ram. Please support
The process
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Address
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TO: CARLSBAD CITY COV ‘L
I am proud that our city has an Art in Public Places program.
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
--------__-_---~
TO: CARLSBAD CITY COUNCIL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
Please cut and mail today ...................... .............................. _____________________
TO: CARLSBAD CITY *COUNCIL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center.
Many have worked hard to set up an equitable method of selection and it shoulc not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing. The process
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Print name Signature Date
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TO: CARLSBAD CITY COUlr,iL
I am proud that our city has an Art in Public Places program. Please support the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. The process was established to protect the selection from that very thing.
-------------------------------------------------.
TO: CARLSBAD CITY CO' IL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. was established to protect the selectiori from that very thing.
Please support
The process
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I, 91nLL, c,. - CLzk-,3OL7~(& i ?do&? * Address 3289
_________-----------__I____________
@ TO: CARLSBAD CITY COUI *L
I am proud that our city has an Art in Public Places program.
the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it shoulc not be rejected on the basis of some individuals not liking it.
was established to protect the selection from that very thing.
Please support
The process
1 ALU4L -I- - - --- ----.J ..............................................................................
TO: CARLSBAD CITY COb,ICIL
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should
not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
Please support
The process
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----__-----_
TO: CARLSBAD CITY COU: L
I am proud that our city has an Art in Public Places program. the established process for selecting the public art for the Senior Center. Many have worked hard to set up an equitable method of selection and it should not be rejected on the basis of some individuals not liking it. was established to protect the selection from that very thing.
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Please support
The process
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A F1 ight of Butterf 1 ies") , FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
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The selection process was an especially fair one with
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterflies"), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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NE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterflies") , FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterf 1 ies"), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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ME, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman’s “A F1 ight of Butterflies”), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterflies"), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterf 1 ies"), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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WE, THE UNDERSIGNED FEEL IT IS IMPORTANT FOR THE CITY COUNCIL TO APPROVE THE PROPOSED PUBLIC ART PROJECT, (Christine Oatman's "A Flight of Butterflies"), FOR THE SENIOR CENTER. elected representation from both the Senior Commission and the Senior Center Committee and with additional input from the public. We are proud that our city has an Art in Public Places program.
The selection process was an especially fair one with
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I January 26, 1989 0 e
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Mayor Claud Lewis
1200 Elm Street
Carlsbad, Ca. 92008
Dear Mayor Lewis:
The purpose of this letter is to appeal against the decision of the Arts Comm
at their Regular meeting January 11, 1989.
At that time the members of the Arts Commission decided that a string of thj
(30) butterflies should be installed in the hall of the new Senior Center buildir
when it is completed sometime in the summer of 1989. They voted for this r:
of art in spite of the fact that the Senior Commission had decided 3 to 2 again
We object for the following reasons:
1) 'We were not adequately represented on the Committee that selected the bi flies. There was no one on the Coi
from among the 115+ who participate in the Nutrition program each day (or 5:
each month).
2) While this form of art may have its place, we do not want it in our Senior
Center. We feel that it belongs in a nursery, kindergarten, or craft display,
3) The butterflies are to be framed in wood and covered with a translucent f glass mesh. They are to be suspended from the ceiling in such a manner thz
they will move with the air currents. :
opinion they will be dust-catchers, as well as potential safety hazards, as ex
tually some may fall. Also, the $28,000 expenditure by the City for the butt1
will be a waste of taxpayers' money, especially since we do not care for the
We understand thirty-nine (39) entries were submitted to the Committee, wh
selected three which, obviously, they consider are the best - (perhaps they F
the best). These three entries were on display in the waiting room of the Of
Suite at the Senior Center for two weeks, but most Seniors were unaware of
display. Only a relatively small percentage of the 520+ Nutrition program p
cipants ever enter that room. Those who did vote on the display were suppli
with a ballot to vote for No. 1, No. 2, or No. 3. There was a place on the b
for comments; however, nearly all voters believed they had no choice other
Nos. 1, 2 or 3. (It is quite possible they did not!) From the Senior Center
display was moved to the Library where children and adults of all ages were
eligible to vote for their choice. We would expect the children to like the bu
flies.
The Committee consisted of five people.
Some are to be six feet in diameter.
*Page 2 * Mayor Claud Le1
It is anticipated that another eight or nine months will pass before the buildin
completed. We believe that we are being pressured. We do not understand
hasty action. We ask, "what is the hurry?"
We request that no selection of art for the new Senior Center be made for anc
year. By that time the building will have been completed and we will be in a position to select suitable decorations. Since we did not ask the Arts Commi
to supply us with any form of art objects, we certainly do not want them to fo
something on us which we find to be distasteful and which we dislike. We rec
that if and/or when the new Senior Center is to be decorated with any form of
a selection committee be better represented with people who are participants
all of the senior programs. >
Copies to:
Mayor Pro Tem Ann Kulchin
Councilman Eric Larson
Councilman John Mamaux
Councilman Mark Pettine
City Manager
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89-86 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CARLSBAD SENIOR CENTER AND CARLSBAD UNIFIE SCHOOL DISTRICT EDUCATION CENTER PROJECT
WHEREAS, the City of Carlsbad has awarded a constru
contract for the Carlsbad Senior Center and Carlsbad Ur
School District Education Center project; and
WHEREAS, said project is currently under construc
and
WHEREAS, said project requires the services of a
time construction management firm to effectively managt
balance of the construction of the project; and
WHEREAS, a scope of work and consultant agreemen
been prepared for said services; and
WHEREAS, the City Council hereby finds it neces
desirable and in the public interest to approve said agreen
NOW, THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad as follows:
1. That the above recitations are true and correct
2. That a consultant agreement between the Cii
Carlsbad and Darrell E. Waters, Construction Management Cor
Consultants (CMCC) for construction management servicc
hereby accepted and the Mayor and City Clerk are 1
authorized and directed to execute said agreement.
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3. Following the Mayor's signature of the agreemei
the City Clerk is further authorized and directed to fc
copies of said agreement to Darrell E. Waters, Constri
Management Contract Consultants (CMCC), 3333 Michelson 1
Imine, CA 92730, and the Municipal Projects Departmen
their files.
PASSED, ADOPTED AND APPROVED at a regular meeting
Carlsbad City Council held on the 21st day of March
1989, by the following vote, to wit:
AYES: Council Members Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Lewis 66 ANN J. KULCHIN, Mayor Pro-Tem
ATTEST :
ALETHA L. RAUTENKRANZ, Cityklerk
(SEAL)
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AGREEMENT FOR CONSULTANT
CONSTRUCTION MANAGEMENT SERVICES
-1
THIS AGREEMENT, made and entered into as of the 1st day
March, 1989, by and between the CITY OF CARLSBAD, a municil
corporation,
Waters, dba, Construction Management Contract Consultai
(CMCC), hereinafter referred to as ttConsultant.lt
hereinafter referred to as ttCity,tt and Darrell
RECITALS
City requires the services of a Construction Manager
assist the City of Carlsbad with the administration of .
Carlsbad Senior Center and Carlsbad Unified School Distr
Education Center, project no. 3247 under the direction of
Municipal Projects Department of the City of Carlsbad; and
Consultant possesses the necessary skills and qualificati
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and
mutual covenants contained herein, City and Consultant agree
follows:
1. CONSULTANT'S OBLIGATIONS
a. Provide construction administration, construct
management, claims administration, and rela
administrative and technical functions as may
required by City for the above referenced project ur
the direction of the Municipal Proj ecd3 Department
the City of Carlsbad. Additional functions
Consultant shall include:
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- Serialization and organization of all proje
data, correspondence, daily, weekly and montl-
-- reports, change requests, and related documents.
- Evaluate and recommend to City, contract
requests and claims as may be related to project
- Construction manage project on behalf of Cj
including City scheduling, contractor-architc
liaison, and general coordination of office i
field activities.
b. Act as liaison between the City, the Projc
Contractor, the Project Architect, the resident Proji
Inspector and any other parties as may be required
perform the services set forth herein.
Attend such meetings of public or private groups as.
be required in conjunction with the project.
c.
d. Be llon-callll and available on the project site fu
time until July 14, 1989 or as otherwise may
required by City, and part-time as defined as three
working day per week, during all remaining phases
the construction of the project as may be required
the City through and including any subsequ
proceedings, hearings, meetings, or other activities
may be required to close the project with the Prof
Contractor.
e. Provide all personal transportation during the cot
6 of this agreement.
f. Maintain automobile, bodily injury, and property dar
liability insurance covering owned, non-owned, rei
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and hired automobiles and other vehicles; the combir
single limit for bodily injury and property damz
shall not be less than $300,000.
g. Provide the City with all technical reports, summaric
schedules, memoranda, and other correspondence and de
as may be required to perform the services set foi
herein.
2. CITY OBLIGATIONS
Under the general direction of the Municipal Projec
Department and subject to the provisions of Section 10 of tl
agreement, the City shall:
a. Set the specific tasks and responsibilities to
accomplished by the Consultant using its best effo
to consider the needs and schedule of Consultant.
b. Make available to Consultant all records, repor
correspondence, construction data and schedules, pl
and specifications, and any other documents dee
necessary by Consultant to properly perform
services required by the City.
c. Provide clerical support as may be required. Prov
office space including desk and telephone at
project job trailer on the jobsite.
3. CONSULTANT COMPENSATION
a. Under the general direction of the Municipal Proje
Department and subject to the provisions of Section
of this agreement, the City shell compens
Consultant for construction management services
accordance with the terms, conditions, and services
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set forth herein. The hourly rate for the Consult
shall be $60.00 per hour to include travel time to
from required meetings. Said compensation shall
expressly limited to time actually at the City offic
on the project site, in the field, or working at
Consultant's offices on behalf of the City of Carlsb
All Consultant hours, regardless of the total num
per day or per week during the course of accomplish
these services, shall be compensated at the ab
referenced rate.
b. It is understood by the parties to this agreement t
the aforementioned hourly rate shall be considered
be the compensated rate for the duration of
project. The Consultant warrants that no adjustme
in hourly rate shall be requested during the term
this agreement.
c. Additional expenses related to this agreement
meetings and other expenses required to perform I
services shall be reimbursed by the City on the ba
of actual cost where specifically approved in advz
by the City and upon submission of itemized invoices
the City of Carlsbad.
4. PAYMENT OF FEES
Fees earned pursuant to Section 3A of this agreement si
be paid by City within thirty (30) days of delivery of mont
billing based on time and materials expended, pr vided, howeT
that no fees shall be paid until the bill has been verified
approved by the City. Payment of any fees pursuant to 1
B
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section shall not constitute a waiver by City of any breach
any part of this agreement. Reimbursement pursuant to Sect
3d of thhagreement shall be made in accordance with exist
City reimbursement policies.
5. CHANGES IN WORK
If, in the course of this Contract, changes seem merited
the Consultant or the City, and informal consultations with
other party indicate that a change in the conditions of
Contract is warranted, the Consultant or the City may reques
change in the Contract. Such changes shall be processed by
City in the following manner: A letter outlining the requj
changes shall be forwarded to the City by Consultant to ini
them of the proposed changes along with a statement of estimz
changes in charges or time schedule. After reaching mut
agreement on the proposal, a supplemental agreement shall
prepared by the City and approved by the City Council. 5
supplemental agreement shall not render ineffective or invalic
unaffected portions of the agreement. Changes requii
immediate action by the Consultant or City shall be ordered
the Municipal Projects Manager, who will inform a principal
the Consultant's firm of the necessity of such action and fo:
up with a supplemental agreement covering such work.
6. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employec
retained any company or person, other than a bona fide emplc
working for the Consultant, to solicit or secure this agreemc
and that Consultant has not paid or agreed to pay any compan!
person, other than a bona fide employee, any fee, commiss
4?
e a
percentage, brokerage fee, gift, or any other consideratj
contingent upon, or resulting from, the award or making of tk
agreement. ~ For breach or violation of this warranty, the Cj
shall have the right to annul this agreement without liabilit
or, in its discretion, to deduct from the agreement price
consideration, or otherwise recover, the full amount of such fc
commission, percentage, brokerage fee, gift, or contingent fee
7. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Fedei
Ordinances regarding nondiscrimination.
8. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecu
deliver, or perform the work as provided for in this Contra
the City may terminate this Contract for nonperformance
notifying the Consultant by certified mail of the termination
the Contract. The Consultant, thereupon, has five (5) work
days to deliver said documents owned by the City and all work
progress to the City. The Municipal Projects Manager shall m
a determination of fact based upon the documents delivered
City of the percentage of work which the Consultant has perfor
which is usable and of worth to the City in having the Conti
completed. Based upon that finding as reported to the (
Council, the Council shall determine the final payment of
Contract.
9. DISPUTES
If a dispute should arise regarding the performance of I
under this agreement, the following procedure shall be used
resolve any question of fact or interpretation not othen
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settled by agreement between parties. Such questions, if t
become identified as a part of a dispute among persons operat
under the- -provisions of this Contract, shall be reduced
writing by the principal of the Consultant or the Munici
Projects Manager. A copy of such documented dispute shall
forwarded to both parties involved along with recommended met1
of resolution which would be of benefit to both parties.
Municipal Projects Manager or principal receiving the let
shall reply to the letter along with a recommended method
resolution within ten (10) days. If the resolution thus obtai
is unsatisfactory to the aggrieved party, a letter outlining
dispute shall be forwarded to the City Council for tF
resolution through the Office of the City Manager. The C
Council may then opt to consider the directed solution to
problem. In such cases, the action of the City Council shall
binding upon the parties involved, although nothing in t
procedure shall prohibit the parties seeking remedies availa
to them at law.
10. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional construct
administration services only. Any payments made to Consult
are compensation solely for such services as Consultant
render and recommendations Consultant may make in the course
scope of this project. t
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by eiyer party u
tendering thirty (30) days written notice to the other par
In the event of such suspension or termination, upon request
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the City, the Consultant shall assemble the completed wc
product and put same in order for proper filing and closing 4
deliver said product to City. In the event of termination,
Consultant shall be paid for work performed to the terminat
date; however, the total shall not exceed the guaranteed to
maximum. The City shall make the final determination, with s
determination which shall be subject to judicial review, as
the portions of tasks completed and the cornpensation to be ma
Compensation to be made in compliance with the Code of Fede
Regulations.
12. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided
herein in Consultant's own way as an independent Contractor
in pursuit of Consultant's independent calling, and not as
employee of the City. Consultant shall be under control of
City only as to the result to be accomplished and the persor
assigned to the project, but shall consult with the City
provided for in the request for proposal.
The Consultant is an independent contractor of the Ci
The payment made to the Consultant pursuant to this contr
shall be the full and complete compensation to which
Consultant is entitled. The City shall not make any Federal
State tax withholdings on behalf of the Consultant. The (
shall not be required to pay any workers' compensation insurz
on behalf of the Consultant. The Consultant agrees to indemi
the City for any tax, retirement contribution, 8 ocial secur.
overtime payment, or workers' compensation payment which the (
may be required to make on behalf of the Consultant or
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employee of the Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of
ImmigratiolLReform and Control Act of 1986 and shall comply w
those requirements, including, but not limited to, verifying
eligibility for employment of all agents, employe
subcontractors and consultants that are included in t
agreement.
13. OWNERSHIP OF DOCUMENTS
The City acknowledges that the following referen
materials are the Consultant's instruments of service and
not products and, as such, they are normally the property of
Consultant ; however, by this agreement for these projects or
all plans, studies, sketches, drawings, reports,
specifications as herein required are the property of the Ci
whether the work for which they are made to be executed or r
In the event this Contract is terminated, all documents, pla
specifications, drawings, reports, and studies shall be delive
forthwith to the City. Consultant shall have the right to n
one (1) copy of the plans for his/her records. Any use of tk
materials on these projects, is not completed on a timely bas
or any other projects, without the prior written consent
Consultant shall be at the sole risk of the City.
14. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liz
for any claims, liabilities, penalties, fines, or any damage
goods, properties, or effects of any person w tever, nor
personal injuries or death caused by, or resulting from,
intentional or negligent acts, errors or omission of Consul1
2P
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or Consultant's agents, employees, or representativc
Consultant agrees to defend, indemnify, and save free
harmless t-ke City and its officers and employees against any
the foregoing liabilities or claims of any kind and any cost
expense that is incurred by the City on account of any of
foregoing liabilities, including liabilities resulting f
defects in plans and specifications.
15. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any p
thereof or any monies due thereunder without the prior writ
consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work to
performed under this Contract by the Consultant, other than
scheduling engineering as provided for herein, Consultant sh
be fully responsible to the City for the acts and omissions
Consultant's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Consultant is
the acts and omissions of persons directly employed
Consultant. Nothing contained in this Contract shall create
contractual relationship between any subcontractor of Consult
and the City. The Consultant shall bind every subcontractor
every subcontractor of a subcontractor by the terms of t
Contract applicable to Consultant's work unless specifics
noted to the contrary in the subcontract in question approved
writing by the City.
17. PROHIBITED INTEREST
$.
No official of the City who is authorized in such capac
e e
on behalf of the City to negotiate, make, accept, or approve,
take part in negotiating, making, accepting, or approving of
architect-1, engineering, inspection, construction or mater
supply contractor, or any subcontractor in connection with
construction of the project, shall become directly or indirec
interested personally in this Contract or in any part there
No officer, employee, architect, attorney, engineer, or inspec
of or for the City who is authorized in such capacity and
behalf of the City to exercise any executive, supervisory,
other similar functions in connection with the performance
this Contract shall become directly or indirectly interes
personally in this Contract or any part thereof.
18. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, age
or employee of the City, either before, during, or after
execution of this Contract, shall affect or modify any of
terms or obligations herein contained nor such verbal agreen
or conversation entitles the Consultant to any additional pap
whatsoever under the terms of this Contract.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Section 14, IIHold Harm1
Agreement," all terms, conditions, and provisions hereof st
insure to and shall bind each of the parties hereto, and eacf.
their respective heirs, executors, administrators, successc
and assigns.
@ 20. EFFECTIVE DATE
This agreement shall be effective on and from the day
year first above written.
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21. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest State]
with the City Clerk of the City of Carlsbad in accordance I
the requirements of the City of Carlsbad Conflict of Intel
Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD:
Mayor
Title
APPROVED AS TO FORM: ATTESTED :
City Clerk
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