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HomeMy WebLinkAbout1993-10-26 - AGENDA REPORTS - CAPITAL PROJ PGM MGMT CONTR (2)AGENDA REPORT City Manager Approval Item to be Lynn M. HarrispV4�t� CONSENT CALENDAR DATE: October 26; 1993 SUBJECT: APPROVAL OF CAPITAL PROJECTS PROGRAM MANAGER CONTRACT DEPARTMENT: Community Development BACKGROUND The Community Development Department's Capital Projects program budget for the next two years totals $33 million. This Is an unusually large budget for the City's annual capital project program. Given funding constraints at the state and federal levels, staff does not anticipate that the magnitude of this year's program will continue Into the future. Given the number, price, and profile of this year's capital Improvement program, current staffing may not be sufficient to carry It out. Staff suggested that enlisting the help of an experienced capital projects engineer, to oversee the entire program, might be prudent. An engineer capable of filling the gap has been Identified, Mr. Stanley E. Scholl, P.E.. Mr. Scholl has recently retired from service with the City of Santa Monica as their Director of General Services (Public Works, Engineering, Utilities) and has extensive hands-on experience with municipal capital projects. Mr. Scholl worked in Santa Monica for 16 years. Mr. Scholl is also a past President of both the Los Angeles County City and County Engineers Associations and Public Works Officers of the League of California Cities. See attached resume for more detail. An extensive recruitment process was conducted to Identify an adequate candidate for this position. The League of California Cities' resources were also tapped during the recruitment. Mr. Scholl was determined to be the most experienced person available. The support provided by Mr. Scholl will most likely be needed through the end of the fiscal year and possibly Into next year. The contract does not specify an ending date. Mr. Scholl has agreed to a compensation equaling $55 per hour for 32 hours per week. Given this rate, the total cost for the support should not exceed $70,000. Mr. Scholl will be located in the 2nd floor engineering offices. Approval of a contract will allow Implementation of the Capital Improvement Program adopted by the City Council for the 1993-94 fiscal year. All projects will be under construction or will be completed by the end of the fiscal year. RECOMMENDATION Authorize the City Manager to enter Into,a contract for the services of a Capital Projects Program Manager. The cost of this service is currently budgeted in the capital project contract services accounts. Individual capital projects will be charged based on the amount of time the contractor spends managing the project. No General Fund money will be used. cwm1rWp.ah'.. .... AM 10 VED Agenda item: Curriculum Vitae STANLEY E. SCHOLL Civil Engineer 2411 Third St. Suite J Santa Monica, Ca. 90405 310 458-8221 714 494-4244 Education: BSCE University of Illinois 1958 MSCE University of Illinois 1959 M Public Administration USC 1973 Experience Structural Engineer- Robt. Hoffman & Assoc., Dixon, III.. designed roads, bridges and also many other types of structures. Asst. Prof. of Civil Engineering- Cal Poly Univ. Pomona, Ca Civil/Structural Engineer, Portland Cement Association, Los Angeles 1966-69 Advised Engineers and Architects on proper use of concrete on streets, highways, buildings and bridges. City Engineer, City of Glendora 1969-73 . Supervised design and construction of all public facilities including streets; .flood control facilities and water system. City Engineer/Director of Municipal Services, City of Laguna Beach 1973-1977 Supervised 75 in design, .construction and maintenance of all City facilities. Director of General Services, City of Santa Monica 1977-1993 Supervise 320 in design, construction and maintenance of all City buildings, streets, bridges and most other facilities including the water and sewer utilities. REGISTERED PROFESSIONAL ENGINEER California 14527 Civil Illinois 2645 Structural AFFILIATIONS Past President - Los Angeles .City and County Engineers Association Past President - Public Works Officers of State'. of California Fellow - American Society of Civil Engineers Member - American Public Works Association Board of Directors- Santa Monica YMCA Board of Directors- Santa Monica Kiwanis AWARDS "Most Responsive. Public Official" - Oceap Park Community, Santa Monica Twice nominated as one of Top Ten P 11c Works .Directors in the U.S. "Outstanding Contribution to the Beauty of Laguna Beach" RECEIVED OCT 0 5 1993 ENGINEEii! CITY OF SAt to CITY OF SANTA CLARITA COMMUNITY'DEVELOPMENT DEPARTMENT ENGINEERING DIVISION 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CALIFORNIA 91355 CONTRACT FOR PROFESSIONAL SERVICES CAPITAL IMPROVEMENT PROGRAM MANAGER This Agreement is entered into this ( Sr day of Oer 1993, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City," and Stanley E. Scholl, hereinafter "Contractor." WHEREAS, City requires the special services of Contractor; and WHEREAS, Contractor represents that It Is qualified to perforin such services, and that It is willing to perform the services hereinafter defined. NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and between City and Contractor as follows: A. Contractor shall provide services as a Capital Improvement Program Manager. B. City will compensate Contractor for services performed on an hourly rate basis of $55 per hour. C. This Agreement Is subject to the following Terms and Conditions: TERMS AND CONDITIONS 1. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services In any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained In this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if It is in writing signed by the party to be charged. 2. ASSIGNMENT OF AGREEMENT: This Agreement is personal to Contractor, and shall not be assigned by either Contractor or City without the prior written consent of the other. 3. INDEPENDENT CONTRACTOR: It is understood and agreed that Contractor is, and at all times shall be, an Independent contractor and nothing contained herein shall be construed as making Contractor, or any individual whose compensation for services is paid by Contractor, an agent or employee of City, or authorizing Contractor to create or assume any obligation orliabilityfor or on behalf of City. Page 1 of 5 GONTRACT FOR PROFESSIONAL SERVICES CAPITAL IMPROVEMENT PROGRAM MANAGER 4. CONFLICT OF INTEREST: Contractor represents, warrants, and agrees that he does not presently have, nor will he acquire during the term of this Agreement, any interest, direct or indirect, by contract, employment, or otherwise, or as a partner, joint venture, or shareholder (other than as a shareholder holding one percent of less Interest In publicly - traded companies) or affiliated with any business entity, or Individual that has entered into any contract, subcontract, or arrangement with City. 5. PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other tens, condition, or covenant, or breach of any other term, condition; or covenant. If any term,. condition, or covenant of this Agreement is held by a court of competent jurisdiction to be Invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Contractor and City. 6. GOVERNING LAW: This Agreement shall be governed and professional services shall be performed in compliance with the law of the State of California and applicable governmental regulations, building codes, and ordinances in effect at the date of this Agreement. 7. OWNERSHIP OF DOCUMENTS: Drawings, calculations, specifications, printouts, and other documents, whether in hard. copy or machine readable form, are and shall remain the property of City. Contractor shall be permitted to retain reproducible copies of all such documents and following termination of this Agreement, the original of all such documents shall remain with the City. 8. ARBITRATION: Controversies or claims arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration conducted in Los Angeles, California In accordance with the Construction Industry Arbitration Rules of the American Arbitration Association with consent given to the full use of discovery proceedings provided for use In civil actions in the California Code of Civil Procedure. No demand for arbitration shall be made after institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The arbftrator(s) shall not vary, modify, or alter the terms and provisions of this Agreement. Judgment upon the award rendered by the arbitrator(s) may be entered In any court having jurisdiction thereof. 9. INDEMNIFICATION: Contractor agrees to Indemnity, defend and save City and Its agents and employees harmless from any and all liability, claims, damages or Injuries to any person, Including Injury to Contractor's employees, and all expenses of Investigating and defending against same; providing, however; that this indemnification and hold harmless shall not Include any claim arising from the negligent or willful misconduct of City, its .agents or employees. This Indemnification and hold harmless shall remain in effect and survive the temporary suspension or completion of services contemplated under this Agreement. 10. INDEMNIFICATION: City agrees to Indemnify, defend and save Contractor and Its agents and employees harmless from any and all liability, claims, damages or Injuries to any person, Including Injury to City's employees, and all expenses of investigating and defending against same; providing, however, that this indemnification and hold harmless shall not Include any claim arising from the negligent or willful misconduct of Contractor, Its agents or employees. This Indemnification and hold harmless shall remain in effect and survive the temporary suspension or completion of services contemplated under this Agreement. Page 2 of 5 CONTRACT FOR PROFESSIONAL SERVICES CAPITAL IMPROVEMENT PROGRAM MANAGER 11. EQUAL OPPORTUNITY: Contractor agrees that It will not discriminate against any employee or applicant for employment because of race, color, religion, sex; national origin, ancestry, marital status, or handicap. Contractor agrees to take affirmative action to assure that applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex; national origin, ancestry, marital status, or handicap. Such action shall include, but not be limited to: recruitment or recruitment advertising, layoff or termination, rates of pay or other form of compensation, and selection for training. 12. WARRANTY: Contractor shall perform services in accordance with generally accepted principles and practices. Contractor shall use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. 13. INSURANCE: a. General Liability and Property Damage Insurance. During the entire term of this agreement, Contractor agrees to procure and maintain general liability and property damage Insurance to protect against loss from liability Imposed by law for damages on account of bodily Injury, Including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of City or Contractor, Its subcontractors or any person acting for City, or Contractor or control or direction, and also to protect against loss from liability imposed. by law for damages to any property of any person caused directly or indirectly by or from acts or activities of City, or Contractor, or its subcontractors, or any person acting for City or Contractor, or under Its control or direction. Such public liability and property damage Insurance shall also provide for and protect City against liability and property damage Insurance shall also provide for and protect City against Incurring cost in defending claims for alleged loss. Such general liability and property damage Insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits In the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such Insurance shall be primary Insurance and shall name City of Santa Clarita as an additional Insured. If the operation under this Agreement results in an Increased or decreased risk in the opinion of the City Manager, then Contractor agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. Contractor agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting In any way the extent to which Contractor may be held responsible for the payment of damages to persons or property resulting from Contractor's activities, the activities of its subcontractors, or the activities of any person or persons for which Contractor Is otherwise responsible. b. Automotive Insurance. Contractor shall procure and maintain, throughout the term of this Agreement and any extension thereof public liability and property damage Insurance coverage for automotive equipment with coverage limits of not less $500,000 combined single limit. All such insurance shall be primary Insurance and shall name City of Santa Clarita as an additional Insured. Page 3 of 5 CONTRACT FOR PROFESSIONAL SERVICES CAPITAL IMPROVEMENT PROGRAM MANAGER c. Miscellaneous Insurance Requirement. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above Insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to City prior to execution of this Agreement on behalf of the City. The terms of the Insurance policy or policies Issued to provide the above Insurance coverage shall provide that said Insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said Insurance Is cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance In the amounts heretofore established. The naming of an additional Insured shalt not affect any recovery to which such additional Insured would be entitled under the policy If not named as an additional insured, and an additional Insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are as additional insured thereon. 14. COMPENSATION: City agrees to pay Contractor for services performed pursuant to this Agreement. Contractor shall maintain and submit to City itemized records substantiating services performed including the dates, times, and description of work. Invoices shall be submitted monthly for work performed, and compensation for that portion of the work which is undisputed will normally be made within 30 days upon receipt of Invoice. If payment for undisputed work is not received within 30 days upon receipt by City of invoice, Contractor may suspend all work until payment Is received, or terminate the unperformed portion of this Agreement. 15. ATTORNEY FEES: If any action at law or in equity, Including an action for declaratory relief, Is brought to enforce or Interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney fees, which may be set by the court In the same action or in a separate action for that purpose, in addition to any other relief to which that party may be entitled. 16. TERMINATION. City makes no guarantee as to a minimum amount of work to be performed by Contractor. This Agreement may be terminated with or without cause by City at any time. This Agreement may be terminated by Contractor only by providing City with written notice no less than 30 days in advance of such termination. In the event of termination, Contractor will be compensated for services performed up to the point of termination. In recognition of the obligations stated in this Agreement, the parties have executed this Agreement on the date Indicated above. Page 4 of 5 CONTRACT FOR PROFESSIONAL SERVICES CAPITAL IMPROVEMENT PROGRAM MANAGER Approved as to Form: Ag,5�-.City Attorney STANLEY E. SCHOLL Address: 161 McKnight Drive Laguna. Beach, CA 92651 Phone: (714) 494.4244 FAX: ami. �P SAQME By: d L Stanley E. Scholl AJN:hds nldchN ehN1Ajn Page 5 of 5