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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 DEPT. )i clTyA1 ClmMc s am 2 .. z 0 i= 0 4 z z 3 0 0 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. - - - - - - - - I 0 e 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. L u LC& ex - I) "'3 r.3 m1'n, @d@/t+- a/ vc& 'f2bad asssciafes nrts 4p4//.: 1200 ELM AVENUE, CARLSBAD, CA 92008 hd (, w7 e 4d AP d_e,.(,ta AI'T--= c - 6 - T' I pk+ - --- ------- -_--______ - ___ __---__ -_-- -_--_____------__ _- 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 -? .................................................. 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. .Lk +-- ,- 7/- /c‘ -1 5 I‘ ,,&4 i .,/ p/ Pkk? b- /+qr/ /- 7 v 5CL’Y /r/L %----- 4<j y i <I- \;z,d :&*&/A4 lq4 Print name Si gmture a / X vw / J Address .................... ......................... 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 -_---- - -, ,A -___ >L,8y: (2 hi 5 ’( cl Pr i nt ,dame ,- , ., ,-J 7- ;a* A- c k i L4 //?/I’ /+ (Jp; /$- ,L /‘ -$?&&-? ,’ Address / I a_--- - - - .-- ““UUJ ___--_--------------___I________________-------------------------------------- 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. J 45- A- .:.A i', MAGd-34 B. Ec&~\;A!n\i Print name Signature Date ,/> - *?i rf-w-a 3y-k PJ&&.,3, I i" <ZC.;"\ 17 >\i? .>\ c.*fi; iL4y >-;%/i"hLdLL. 1 Address _______--------I--_- 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 F-3 , I___ 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. %? 14, /) 4 I 77 @K [,/ /I?# /b7?$k" c [I3 J //['&A7 /'&LA IC- +gn ure Date 4 /----, '\ q!2 3/ E?, i 7 7 Print npe b74/ it&F&&&&.d L&-&&/ ,e 7 J Address ( - _. ~ ___Yl I ....... --...--I.-.- --- -j ~ - _________---l-ly- - .I - .-. ..* - -_- 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 \< 1 ............................................................................ 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 7 &5-i+ &-m& &32.iac/ Address , 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 ; (yc: ;/ A/E /479 yE Print name _------------------ _--e 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 \!\vi N .mKj35 Print name IuI %XkOYo AdQress V/5* ------. ____I-- 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. i Please support The process c\ -. PvrH \-'L A 7 I, 1-7 7;7 I, L i L-i %L ;n'7'ii/lde. y LC~ &A, 1-L- Signature i Date 1 -n Print name :s<x Q+- (-1S';JW L-,,qi\[J.&;l 42 i: . "i 2 sr) Add res s Please cut aria mail may __________-_________---. _.-___-------------------------- .--------------------. 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. !A-vh9 Date k.lftyc I5-,m-ElT q -x 34 v--aLZ-T ko=, C&& q y LmC=/' Print name 6) -r Add re s s 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 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 ------------------i--------,,___,____,,_-- 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. -_ 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. Wt* /I ,‘H @ z;eFk 2 Y6 7 [a G~[oQA;L~ Cd5 .LC/ Sroq Print name Add re s s 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 1 k J-JLJ-. &idF 3. n/qR&(j 423D JG& FdO08 Date Print name Address A _-------------------I______________ _____-_ ____________--_____________I_____ 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. I '-/ TGfl /fQ.>O!d@l9C* &QqS&W&jL e 2/22 Date/ /5 Print name ignature I3b5 PI mql?J Address 0 0-L PQ$7/!3b&; fi f& .. @>Z 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 7 C-c- .;/. ";/ Jot- F- ~-22.32 766 Signature Date Print name / 557a7 73'- L2k &nJm47 & f fw/ Address .............................. - 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 /,. ’ i - Print name Signature Date 7 ’/ -5: -s -. Add re s s 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 ?Y+hq ) I cf-;' P,a;-on 'r&* L. Ld2J. p* l-GAa&La,, 2 ,a&& I Signature i' Date k J Print name 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 v i" 3L96 cpELS&A_r) 331 lL> e ,-9 /? L 2 /i f .,ii Address ----__-----_ 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. 9- Please support The process @ . ' ', i 0 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. . The selection process was an especially fair one with ? 9 @ < 'I , It ' 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 4 5 6 7 6 7 /O - I1 (,I * c *@ 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 0: w w W f ', * ./ I: ,dv i", i:t&?, t / -. \ & /.a ; ,' F ~. .- ,/' /t"/ L;A, / L< ,. y!$ pi:.,.. ,jL<,,,,: i.:-&c __ _. / 8 *' 7 I Y 4 /o -- . <I, 81 9 e 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 -__ - - - . - - - __I _---_ ~ - ____._ - - - - 8. , - I,.’ LE, ‘,e 1 e 0 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 AQ-E i Y *. 0 x's_-, , c\ - e L ~ >s3 s tb I 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 AQ-E i 0 a c . 1) ' * <a+,>+ 1 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 ---__ __._ 2.2 9 z-a-2 IJ I - A 11' a*'- 1 W e 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 __- /& 6 -7 B 4 /O I - 3 4 5 6 -7 a 4 /O - ++K# , L Y G3 iJ 5- ffea;. r9@, 4-J 37- x?%- &ww- (?A 1-4 L&4, (? A 9goi; r 3P5s c,/& (TA& 729-9, 7 8 4 /U t mG-* P '* F& 6& , 4?&$@dg&&&$;?9L& / L p Lcdh&eP -f&& &, -/J+-) d&/6, /Yk? ,,y ''-..---- /2;d &.%o&&-j&y )y/&&&J3-L< I 0 0 I 0 0 +/ALCW - //pW&:W/b z .- i W-L+&/ *&%+ q%&wpLd -7f- -91 I *&ZG& \ I January 26, 1989 0 e '. 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 I e N 0 '1 - 0Q-a ,GL8I E,qP finp /&&/j$Qd Ir &?+$!?$;;A 1% J @-J& "2.4 x B)?y -f%+.&d CLW ', 27 e 45 2&3c /lqqw 4% KJ 43 g;La3:LL I/) ,.i-"-ry- &i &LT p-zg&* / \I -' +&&- [-e 1, gJJ P uc-..t.q EA -MA@ r&a~ &Jw xJ&w/ I" /-&& @i$?JJ?j qt -A' &q+-e, /f 1.v - ,P &f??q&-<& &&Sf .'j/qqffL - b$j& d \?(G...- i c74- .7[bJLG&- /* cf *&*A 4, kg b p '1' be IceL&Pl.-' %&-\ \(l&J+k LJ 4WJ @A + %b&&V-\ & iyp :d-a--- ZLLL4j yL@z-f mh- 71L *LcQ fQ A%' 3 cry- k?&y /qi/L,. / fl / flm/, lC Q q&2.L I_/ -3 &xyk&-dw f7 'c &,@& &i) CYVLc: 'L&4 7 7;! /&-J/&ALh44h /&,d/4T4a / ,/ / L&,:t> id akdAdr ' &&&% ,&>&.pzFF' k$e / / p&gp-c .3&& SPp +y -- ."7yf /epg;;/ j?3* CJZ 7&&%?&!2 ' &y I& &&.- (92244y @- &J 7d1AL ,fLL9--, 7L-dd &L=4A-&,L ; i\p&&?&/q/ G4%4 && @t%4duZz 2, / lT& d> /75---- &?&d<f L i 0 *- f @-- 9J-U F 3 * e '4 fL&.-%T, ,&*-x fAd& %? &2.d& ..-y- fly=? ,e+ 7z-L ., &!$3-....&q > -. (7 /r/ j;, ' . ,(- _- 1 "3 k, -.-.... 1 .. . .. *'.___ ~ < _.. \ ,- I ~ , ---* . -_ . .. , , , . l,,! ._-- , r .,-l I : $1 ;,:/ L . ;.Y y..: ,I- i , /---. A -TLrL-.. ,- '/ tL =a--L:L.- ;,&g &&-- /' ,+- /,z, ' F, -- ,. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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. /// /// /// L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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) 0 e 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: 0 0 - 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 0 0 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 0 0 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 0 0 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 e e e 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 * 0 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 e 0 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 0 I) 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. e e 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 4k