HomeMy WebLinkAbout1990-01-16; City Council; 10457; NOTICE OF COMPLETION FOR CARLSBAD SENIOR CENTER AND CUSD EDUCATION CENTER, PROJECT NO. 3247.
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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 $3,500,000 was made availal:
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Page 2 of Agenda Bill No. /$! 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
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Page 3 of Agenda Bill No. jE,L/S 7
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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.
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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
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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
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CUSD Education Center project is hereby deemed complet
accepted by the City of Carlsbad.
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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
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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:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an
NOES: None
ABSENT : None
ATTEST :
ALETHA L. RdUTkNKRANZ, City qerk
(SEAL)
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.. 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;
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White - Job File
Pink - project Inspector Yellcw - Contractor
Gold - purchasing with P.O. change
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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.
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(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
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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
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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 :
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(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
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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.
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(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
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By : BY
rd Straub, President
Date : >-dL7 </fm Date: d"L "-I 1'7 19 70
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Attest:
&L*% 2, &,2cGL"
Aletha L. Rautenkranz,
City Clerk
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'. 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