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HomeMy WebLinkAbout1990-01-16; City Council; 10457; NOTICE OF COMPLETION FOR CARLSBAD SENIOR CENTER AND CUSD EDUCATION CENTER, PROJECT NO. 3247. a 8 2 2 2 0 .. E a 5 -I z 3 0 0 bl I r GnmLatmu - nutNu ILL .: AB# I[: e/ 5 “7 TITLE: DEPT. t MTG. 1/16/90 DEPT. MP NOTICE OF COMPLETION FOR CARLSBAD SENIOR CENTER AND CUSD EDUCATION CITY AI CITY MI CENTER, PROJECT NO. 3247 I I RECOMMENDED ACTION: Adopt Resolution No. ‘i 6 ”l”3 accepting the construction of t Carlsbad Senior Center and Carlsbad Unified School Distrj Education Center, Project No. 3247, as complete, approving settlement agreement, approving Change Order No. 62, and directj the City Clerk to record the Notice of Completion, ITEM EXPLANATION: The construction of the Carlsbad Senior Center and Carlsbad Unifj School District Education Center Project has been satisfactorj completed. Both the Carlsbad Seniors Program and t Administrative Offices of the Carlsbad Unified school Distrj moved into the fully operational facility in late November. FO~ dedication ceremonies for the facility were held on December 7 z 8, 1989. The acceptance of construction marks the completion of the 1z major phase of this joint development project. It is recommenc that the City Council formally accept the project and direct t recordation of the Notice of Completion. Also attached for the City Council’s review and approval is proposed settlement agreement between the City of Carlsbad and t project1 s prime contractor as well as Change Order No. 62 whi itemizes the final settlement cost. The final contract completj date for the project with approved time extensions was to have bc October 4, 1989. The actual contract completion date by t contractor was November 17, 1989. During the course of t extensive City/contractor negotiations, it was agreed that, pendj City Council approval, otherwise assessable liquidated damas would be off-set against the contractor’s ongoing claims i additional project costs. The attached settlement agreemc reflects this recommended position. To avoid expensive litigation in reaching a resolution, City Stai the City’s Construction Management Consultants, and the Cj Attorney’s Office, have completed negotiations with the prj contractor and their legal counsel. The attached settlemc agreement incorporates a settlement payment of $16,000 representi full settlement for the complete and final resolution of E contractor claims, liabilities, and damages relating to t project. Staff recommends approval of the attached settlemc agreement and Change Order No. 62. FISCAL IMPACT: Funding for this project has come from a combination of sourcc The City Council previously appropriated $300,000 from the Gene] Fund for design of the project, and $3,500,000 was made availal: 0 a Page 2 of Agenda Bill No. /$! L(s-7 from the proceeds of the sale of tax allocation bonds by t Carlsbad Housing and Redevelopment Commission. Additionally, November 7, 1989, Council adopted Resolution No. 89-396, approvi a reimbursement of $65,060 from the Carlsbad Unified Schc District and appropriating $101,181 from the General Fund to t project construction account for costs associated with t discovery and removal of hazardous materials encountered durj site grading of the project. Therefore, the total appro\ appropriations for all phases of the project equals $3,966,1€ A summary of the final project costs is as follows: DESIGN COSTS Site Feasibility and Analysis Site Appraisal and Title Services Architectural Design Services Engineering Design Services Plan and Specification Reproduction Miscellaneous Design Expenditures City Administration SUBTOTAL CONSTRUCTION COSTS Construction Base Bid Approved Change Orders Utilities and Service Connections Soils and Materials Testing Hazardous Materials Disposal Well Monitoring Program Construction Management Furnishings Miscellaneous Construction Expenditures City Administration $ 7,265 11,263 234,355 10,575 12,295 1,37C 22,86f $ 299,995 $3,025,00C 240,64C 34,731 15,224 39,422 13,25C 43,671 152,113 21,784 37,584 SUBTOTAL $3,623,415 TOTAL PROJECT APPROPRIATIONS $3,966,181 TOTAL PROJECT EXPENDITURES NET AVAILABLE PROJECT BALANCE $3,923,414 $ 42,767 a Page 3 of Agenda Bill No. jE,L/S 7 I EXHIBITS : 1. Resolution No. ‘3 c -. I 3 accepting the construction of t Carlsbad Senior Center and Carlsbad Unified School Distrj Education Center, Project No. 3247, as complete, approving Settlement Agreement, approving Change Order No. 62, 2 directing the City Clerk to record the Notice of Completion. 2. Settlement Agreement. 3. Change Order No. 62 4. Notice of Completion. I I1 c1 @ 1 2 3 4 5 6 7 RESOLUTION NO. 90-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE CARLSBAD SENIOR CENTER AND CUSD EDUCATION CENTER PROJECT AS COMPLETE, DIRECTING THE RECORDATION OF THE NOTICE OF COMPLETION, APPROVING A SETTLEMENT AGREEMENT AND APPROVING CHANGE ORDER NO. 62 WHEREAS, the City Council of the City of Carlsb 8/1 determi:ned it necessary, desirable, and in the public inter 9 10 11 12 13 14 15 16 17 - accept the completed construction of the Carlsbad Senior Cent CUSD Education Center Pro.ject; and WHEREAS, a settlement agreement has been negotiate the project contractor relating to said project; and WHEREAS, the City Council of the City of Carlsb determined it necessary, desirable and in the public inter approve said settlement agreement and project Change Order reflecting said settlement agreement cost. NOW, THEREFORE, BE IT RESOLVED as follows: I.8 I( 1. That the above recitations are true and correct. 19 11 2. That the construction of the Carlsbad Senior Cent 20 21 CUSD Education Center project is hereby deemed complet accepted by the City of Carlsbad. 22 23 24 25 26 27 3. That the City Clerk is hereby authorized and direc record the Notice of Completion. 4. That a settlement agreement between the City of Ca and the! project contractor is hereby approved and the May /// /// 20 0 e 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 City Clerk are hereby authorized and directed to execute contract hereafter. That following the Mayor's signature o settlement agreement, the City Clerk is directed to forward of said executed agreement to the project contractor, Construction, Incorporated, P.O. Box 965, Fallbrook, Calif 92008, and the Municipal Projects Department. 5. That project Change Order No. 62 is hereby approv the Mayor is hereby authorized to execute said document. Fol the Mayor's signature of said document, the City Clerk is di to return the original signed document to the Municipal Pr Department for processing. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 16th day of January by the followinq vote, to wit: I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT : None ATTEST : ALETHA L. RdUTkNKRANZ, City qerk (SEAL) m e .. CI'IY OF CARISBAD IWBLIC WORKS PRCUECT CHAIGE ORDER NO. 62 CDNI!E?ACT NO. 3247 HTRCWISE ORDER NO. 6044 ACDXN" NO. 810-820-3410-32 CO~~R'S NAME STRAUB CONSTRUCTION, INCORPORATED mrnm~fs ADDRESS P. 0. BOX 965, FALLBROOK, CA 92028 The Contractor is directed to make the following changes as described herein. 1 shall include all labor, materials, equipment, contract time extensions, and al: goods and services required to implement this change. payment stated on this order includes all charges, direct or indirect, arising out of this additional wc is expressly agreed between City and Contractor to be the ccnnplete and final hereof. The requirements of the specifications, where pertinent and not in conflic this change order, shall apply to these changes. This change order is not ef, unless signed by the City Manager and/or the Mayor. CHANGE: Final payment in accordance with Settlement Agreement. REASON FOR CHANGE: m: TIME -: ~rrmp sum X unit prices - Bath- Add days I3 44 Deduct days Previous net changes $ 224,639.80 Previous add/deduct days I original contract amount $ 3,0259000.00 original contract days L New contract total $ 3,265,639.80 New contract time 425X d Total this extra $ 16,000.00 Md#ded~e& days this change 44 74 , r' pad, A, /i OF -BAD < I\ &?, ([:,I i 2/74 mLii5.L /a- construction Inspector $" Date BY/ D; ( White - Job File Pink - project Inspector Yellcw - Contractor Gold - purchasing with P.O. change a e CARLSBAD SENIOR CENTER AND CARLSBAD UNIFIED SCHOOL DISTRICT EDUCATION CENTER PROJECT SETTLEMENT AGREEMENT The following Settlement Agreement ( llAgreementlr) is hereb! entered into by and between the City of Carlsbad (hereinaftel IlCityIl) and Straub Construction Company (hereinafter I1Straub1') . RECITALS This Agreement is made and entered into by the parties wit1 respect to the following facts: (a) On or about September 6, 1988, Straub was awarded i contract pursuant to competitive public bidding by the City 0: Carlsbad, to construct the Carlsbad Senior Center which is locatet at 799/801 Pine Avenue, Carlsbad, CA 92008, in the City 01 Carlsbad, California. (b) The City provided Straub with plans and specification: necessary to construct the project. The bid specifications specified that the project was to be completed 270 days from the Notice to Proceed which was given to Straub on or about Septembe~ 19, 1988. 1 m 0 (c) The project was completed by Straub on or about Novembel 17, 1989, or some 44 days past the contractual completion date, As a result, the City proceeded to withhold $33,000. from Straul: as liquidated damages. Straub contested the withholding of thc $33,000. as well as various other pay items and as a result fell they were not compensated justly. (d) The City contended that all claims by Straub were withoul merit. Similarly, the City contended that they were within theil contractual rights to withhold liquidated damages from Straub b] virtue of their untimely completion of the contract. The Cit] further contended that the untimeliness was under Straub's direcl control. (e) It is the desire of the parties through the terms anc conditions of this Settlement Agreement contained herein to read a full and final compromise of any and all of StraubIs claim: arising out of this contract and project and to avoid litigation, NOW, THEREFORE, in consideration of the promises and on thc basis of the respective representatives, warranties, covenants, conditions and agreements herein contained, the parties hereb] agree with each other as follows: (1) The undersigned parties acknowledge and agree with eacl: other that each has read and understood the recitals contained 2 I) 0 ._ hereinabove in Sections (a) through (e) of this Agreement and eacl of the parties hereto agrees that each and every one of tht recitals contained hereinabove is true and correct. (2) Straub releases and forever discharges the City from an! and all claims, causes of action, in law or in equity, formal 01 informal arbitration proceedings, suits, debts, liens, agreements, contracts, obligations, promises, demands, liabilities, damages, losses, or any expenses of any kind whatsoever known or unknowl which Straub may have or hereinafter acquire, relating to, 01 pertaining to the project, and to the amount owed for any and al: services performed by Straub for the project hereinafter completed< This release would not extend to any claim for indemnity whicl Straub may have against City which would arise from any claiI against Straub by third parties. Straub represents that it is no1 aware of any such claim or the basis for such. (3) The City agrees to grant Straub an extension to thc contract time and this extension shall run to the actual completior date of the project. The City further agrees to waive any right it may have against Straub to seek any amount as liquidated damages for the untimely completion of the project. (4) The City agrees to tender to Straub $16,000 (sixteer thousand dollars) representing full settlement for the complete anc final resolutions of all claims, causes of action in law or ir 3 0 0 .. equity, suits, debts, liens, contracts, agreements, obligations, promises, demands, liabilities, damages, losses, or any expense 0: any kind whatsoever, known or unknown, which Straub may have or hereinafter acquire relating to or pertaining to the services rendered under the contract. Said payment shall be made by Cit: to Straub concurrent with the final progress payment. (5) Straub agrees that the City has not waived its right tc enforce the provisions of the contract pertaining to warranties, construction defects, repairs, or any other provision in the contract not specifically waived pursuant to the terms of thi: Agreement. During construction, contaminated soil was encounterec and City'assumed the responsibility for its removal and handling, The City specifically releases Straub from any liability 01 responsibility with respect to the contaminated soil so removed. (6) The City and Straub and each of them agree that this Agreement shall be binding upon, and inure to the benefit of thc successors, agents, assigns, administrators and any trustee, receiver, or conservator of the parties. Also, this Agreement shall operate to discharge every party's insurers and sureties fron any acts taken in connection with the processing and settlement of claims settled herein. (7) The City and Straub and each of them acknowledge and agree : 4 0 0 (A) That this Agreement constitutes the entire Agreement among the parties' and that the terms of the Agreement arc contractual, not a mere recital: (B) That this Agreement may not be altered, amended, modified, or otherwise changed in any respect whatsoever except b) mutual written agreement: (C) That they will make no claim at any time or an] place that this Agreement has been altered, amended, modified, 01 otherwise changed in any respect whatsoever by an Oral communication of any kind; (D) That each party expressly agrees to take suck further action and to execute such additional documents as any of the parties may reasonably request in order to effectuate intent of this Agreement; and (E) That each party will bear its own costs ani attorneys fees in connection with this matter. (8) The City and Straub and each of them understand and agree that this Agreement will be executed in the State of California ani shall be construed under and interpreted in accordance with the laws of the State of California. In the event any action is 5 m 0 commenced by any party to enforce the terms of this Agreement, sucl actions shall be brought in the Superior Court of the State OJ California for the County of San Diego, North County Judicia: District, and all parties to this action shall submit to the jurisdiction of such court. In the event of any dispute arisinc out of this Agreement, the prevailing parties shall be entitled tc its reasonable attorneys’ fees and costs. (9) Straub acknowledges that it has been advised by its attorneys and is therefore familiar with the provisions 01 California Civil Code, Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time executing the release, which if known by him must have materially affected his settlement with the debtor1’. Nevertheless, Straub acknowledges that this Agreement has been negotiated and agreed upon in light of this situation and expressly waives any and all rights which it may have under California Civil Code, Section 1542, or under any other state or federal statute with legal principle of equal effect. (10) Each party executing this Agreement represents that it has the authority to enter into this Settlement Agreement. 6 -. m rn (11) The City and Straub and each of them agree that this Agreement shall be executed in counterparts and that this Agreement shall become effective by each party immediately upon all parties' execution of the counterparts. STRAUB CONSTRUCTION, INC. THE CITY OF CARLSB $ k/JJfi " (-7 By : BY rd Straub, President Date : >-dL7 </fm Date: d"L "-I 1'7 19 70 I / I Attest: &L*% 2, &,2cGL" Aletha L. Rautenkranz, City Clerk 7 U e '. Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Space above for Recorder's use I NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below 2. The full name of the undersigned is City of Carlsbad, a municipa 3. The full address of the undersigned is 1200 Elm Avenue, Carlsbad 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was 6. The name of the contractor, if any, for such work of improvement 7. The property on which said work of improvement was completed is the property hereinafter described. corporation. California, 92008 completed on November 17, 1989 Straub Construction, Incorporated the City of Carlsbad, County of San Diego, State of California, a] described as follows: Carlsbad Senior Center and Carlsbad Unific School District Administrative Office Complex 8. The street address of said property is 799/801 Pine Avenue, Carl (If none assigned, insert "N( 1 Projects Mar VERIFICATION OF CITY CLERK I, the undersigned say: I am the City Clerk of the City of Carlsbad, 1200 Elm Avc Carlsbad, CA 92008; the City Council of said City on CJijhlu~~~k' /h 1990, accepted the above described work as completed and ordered tk Notice of Completion be filed. I declare under penalty of perjury that the foregoing is truc correct. Executed on 17 , 199p, at Carlsbad, Calif01 CITY OF CARLSBAD Aletha L. Rautenkranz,. Citb Clerk