Item 11 - Authorize City Mgr. to Execute Contract with RH & Assoc
AGENDA - ;;PORT SUMMARY
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L. Bowersox, City Manager/Exec~
Director .
-
INITIATED BY: John D. Fitch, Assistant City Manage~1-:-
Mark S. Weston, Director of Engineering service~
DATE: August 8, 1995
SUBJECT: Authorize the City Manager/Executive Director to Execute a Contract with
RH & Associates for a Design Partnering Workshop for the Library and
Site Development and Select Councilmembers to Participate in the
Workshop
ABSTRACT
The City of Poway has successfully utilized partnering during the design and
construction of Capital Improvement Projects. Partnering is a program which originated
from a joint effort between owners, architects, engineers, and contractors to reduce
claims and complete projects with fewer disputes.
Partnering workshops help the project to get off on the right foot, stay focused on the
goal, and to develop plans to maximize coordination and simplify decision making during
design.
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ENVIRONMENTAL REVIEW
This report is not subject to environmental review.
FISCAL IMPACT
The cost of the partnering workshop will include $4800 for consultant and approximately
$1000 for use of off site facilities for a total of $5800.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Library Advisory Committee, Friends of the Library
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency:
1. Authorize the City Manager/Executive Director to execute a contract with RH &
Associates to facilitate a partnering workshop for the library and site development
improvements.
2. Select one or two members of the Council, if they wish, to participate in the
library partnering workshop scheduled for August 17 and 18, 1995.
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- AGENDA REPOR'!
CITY OF POW A Y
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executi~e Dire~
INITIATED BY: John D. Fitch, Assistant City Managerli r:
Mark S. Weston, Director of Engineering service~
DATE: August 8, 1995
SUBJECT: Authorize the City Manager/Executive Director to Execute a
Contract with RH & Associates for a Design Partnering
Workshop for the Library and Site Development and Select
Members to Participate in the Workshop
BACKGROUND
The City of Poway has successfully utilized partnering during the design and
construction of Capital Improvement Projects. Partnering is a program which
originated from a jOint effort between owners, architects, engineers, and
contractors to reduce claims and complete projects with fewer disputes. The
City has used partnering during the design of the Scripps Poway Parkway which
involved complex coordination between the City, the County, Caltrans, Fish &
Game, Fish & Wildlife Service, and the Corps of Engineers as well as
architects, engineers, and geotechnical and environmental consultants. The
project was complex and required lengthy coordination during the entire
project. Further, partnering is being actively used during the construction
of the water treatment plant improvements and is widely supported by the
contractor as a means to minimize delays and maximize efficiency during the
construction of the project.
A partnering program is developed through a workshop setting in which all
participants come to the program with the goal of completing a project and
understanding each other's perspective and involvement in a project.
Partnering programs include team building, a project goal development,
defining and prioritizing issues and concerns, issue resolutions, and conflict
management. Partnering workshops are completed over a one to two day program
with a half to one day followup midcourse during the design. Partnering
workshops help the project to get off on the right foot, stay focused on the
goal, and to develop plans to maximize coordination and simplify decision
making during design.
ACTION: l
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A!ilenda Report - Library Partnering 'Jorkshop
August 8, 1995
Page 2
Staff has received a proposal from RH & Associates who were the partnering
facilitators for the Scripps Poway Parkway design project. RH & Associates
has a long list of successful partnering workshops and letters of
recommendations. Further, they performed well on the Scripps Poway Parkway
which greatly aided in the completion of the design of the project. RH &
Associates proposes to perform the partnering workshop for $4S00 which
includes an initial workshop and a followup workshop.
Participants in the partnering workshop vary widely from project to project
and owner to owner. The library project involves significant improvements to
Rattlesnake Creek channel, site development of the entire property, and
construction of the library. The City will involve architects for the
building, civil engineer designers for site improvements, geotechnical
designers for foundation, City staff, consultant construction manager, members
of the Library Advisory Committee and members of Friends of the Library. In
addition, City staff suggest one or two members of the City Council
participate in the partnering workshop. The partnering workshop is scheduled
for August 17 and IS, 1995.
FINDINGS
City staff strongly supports use of partnering workshops during the design of
the library and site development. This process has provided significant
benefits to the City and other Capital Improvement Projects currently under
way. Partnering is well accepted by owners, architects/engineers, and
contractors as a means to define issues, make decisions, and resolve
confl i cts. Staff recommends engaging RH & Associates to facilitate the
partnering workshop for the library. Partnering workshops are a tool used by
the Engineering Services Department to better serve the City in completing an
approved Capital Improvement Project. The Director of Engineering Services
recommends the attached list of participants (Attachment 1) be invited to
participate in the workshop as a staff initiated program.
ENVIRONMENTAL REVIEW
This report is not subject to environmental review.
FISCAL IMPACT
The cost of the partnering workshop will include $4S00 for consultant and
approximately $1000 for use of off site facilities for a total of $5S00.
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Agenda Report - library Partner-inlil Workshop
AU!ilust 8, 1995
Page 3
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Library Advisory Committee, Friends of the Library
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency:
1. Authorize the City Manager/Executive Director to execute a contract with
RH & Associates to facilitate a partnering workshop for the library and
site development improvements.
2. Select one or two members of the Council, if they wish, to participate
in the library partnering workshop scheduled for August 17 and IS, 1995.
JLB:JDF:MSW:mh
Attachments:
I - Library Partnering Workshop Participants
2 - Standard Agreement for Consultant Services
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LIBRARY PARTNERING WORKSHOP
PARTICIPANTS
Date: August 17-18, 1995 (1 1/2 days)
PARTICIPANTS NUMBER
City Councilmembers 1 - 2
Library Advisory Committee 2
Friends of the Library 1 - 2
Architects 6
County Library Staff 2
City Staff: 7
City Manager (1). Engineering (2),
Community Services (2), Planning (1),
Safety Services (1)
Construction Manager 2 - 3
Design Engineer for Channel Improvement 1 - 2
Geotechnical Consultants 1
ATTACHMENT 1
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STANDARD AGREEMENT FOR CONSULTANT SERVICES
This Agreement, entered into this 8th day of August, 1995, by and between the
POWAY REDEVELOPMENT AGENCY (hereinafter referred to as "Agency") and RH &
ASSOCIATES (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, Agency desires to obtain the services of a private consultant to perform
partnering facilitation services for the Poway Ubrary and site development; and
WHEREAS, Consultant is a partnering specialist consultant and has represented
that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, Agency has authorized the preparation of an agreement to retain the
services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUAllY AGREED THAT AGENCY DOES HEREBY
RETAIN CONSULTANT ON THE FOllOWING TERMS AND CONDITIONS:
1. Scooe of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
2. Comoensation and Reimbursement.
Agency shall compensate and reimburse Consultant three thousand eight
hundred ($3,800) for a one and one-half (1 Yo) day workshop and twelve hundred ($1,200)
for a one-half (Y2) day follow-up workshop as provided in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
3. Term of Aareement.
The term of this Agreement shall be as described on Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by Agency.
Termination without cause shall be effective only upon 50-day written notice to Consultant.
During said 50-day period Consultant shall perform all consulting services in accordance
with this Agreement. This Agreement may be terminated by Agency for cause in the
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ATTACHMENT 2
Powell Redl!lvelopm~nt Agttncy
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event of a material breach of this Agreement, misrepresentation by Consultant in
connection with the formation of this Agreement or the performance of services, or the
failure to perform services as directed by Agency. Termination for cause shall be effected
by delivery of written notice of termination to Consultant. Such termination shall be
effective upon delivery of said notice.
5. Confidential Relationship.
Agency may from time to time communicate to Consultant certain
information to enable Consultant to effectively perform the services, Consultant shall treat
all such information as confidential, whether or not so identified, and shall not disclose
any part thereof without the prior written consent of Agency. Consultant shall limit the use
and circulation of such information, even within its own organization, to the extent
necessary to perform the services. The foregoing obligation of this Paragraph 5,
however, shall not apply to any part of the information that (i) has been disclosed in
publicly available sources of information;1 (ii) is, through no fault of Consultant, hereafter
disclosed in publicly available sources of information; (iii) is now in the possession of
Consultant without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to Consultant by a third party, but only to the extent that the use or
disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the Agency. In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person, firm or corporation.
6. Consultin9 Services Provided to Others.
Consultant shall not represent any other client, public or private, in addition
to Agency during the term of this Agreement unless Consultant first obtains the express
written consent of Agency.
7. Office Space and Clerical SUDpOrt.
Consultant shall provide its own office space and clerical support at its sole
cost and expense.
8. Covenant AQainst Contingent Fees.
Consultant declares that it has not employed or retained any company or
person, other than a bona fide employee working for Consultant, to solicit or secure this
Agreement, that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, Agency shall have the right to annul this
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Agreement without liability, or, at its sole discretion, to deduct from the Agreement price
or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
9. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of Agency
and shall be delivered to Agency by Consultant upon demand.
10. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Agency or the City of Poway. Consultant shall at all times comply with
the terms of the Political Reform Act and the local conflict of interest ordinance.
Consultant shall immediately disqualify itself and shall not use its official position to
influence in any way any matter coming before the Agency in which the Consultant has
a financial interest as defined in Government Code Section 87103, Consultant represents
that it has no knowledge of any financial interests which would require it to disqualify itself
from any matter on which it might perform services for the Agency.
Consultant shall comply with all of the reporting requirements of the Political
Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic
Interest with the City Clerk of the City of Poway in a timely manner on forms which
Consultant shall obtain from the City Clerk.
11. No Assi'ilnments.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which Agency, in
its sole discretion, consents to in advance thereof in writing. Any assignment or
subcontracting in violation of this provision shall be void.
12. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement, for
inspection by Agency and copies thereof shall be furnished, if requested.
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13. Indeoendent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not bean employee of the City of Poway or Agency.
Agency shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement; however, Agency shall not
have the right to control the means by which Consultant accomplishes
14. Licenses. Permits. Etc.
Consultant represents and declares to Agency that it has all licenses,
permits, qualifications, and approvals of whatever nature that are legally required to
practice its profession, Consultant represents and warrants to Agency that Consultant
shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for Consultant to
practice its profession.
15. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
16. Liability.
Notwithstanding any other provision contained in this Agreement, Consultant
shall be responsible for all injuries to persons and for all damage to real or personal
property of Agency or others, caused by or resulting from the wrongful act or negligent
acts, errors, or omissions of itself, its employees, or its agents during the progress of, or
in connection with, the rendition of services hereunder. Consultant shall hold harmless
and indemnify Agency, and all officers and employees of City and Agency from all costs
and claims for damages to real or personal property, or personal injury to any third party,
including reasonable attorney fees resulting from the negligent performance of Consultant,
its employees, or its agents, under this Agreement
17. Consultant Not an Agent.
Except as Agency may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of Agency in any capacity whatsoever as an agent
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to
bind Agency to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The Agency shall have the right to review and disapprove personnel
for assignment to poway projects.
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Agency shall have the unrestricted right to order the removal of any
person(s) assigned by Consultant by giving oral or written notice to Consultant to such
effect.
Consultant's personnel shall at all times comply with Agency's drug and
alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions. attached hereto and made a part hereof,
20. Arbitration.
In the event of a dispute between Agency and Consultant concerning the
terms of this Agreement or its performance, the parties agree to submit such dispute to
arbitration before the American Arbitration Association or other mutually acceptable
arbitrator. In the event that the subject of such arbitration is compensation claimed by
Consultant in the event of termination, Consultant's damages shall be limited to
compensation for the 50-day period for which Consultant would have been entitled to
receive compensation if terminated without cause. In the event of arbitration, each party
shall bear its own attorneys' fees and costs incurred.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall
mean the individual or corporate consultant and any and all employees of consultant
providing services hereunder.
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22. Entire Aareement.
This Agreement shall constitute the entire understanding between Consultant
and Agency relating to the terms and conditions of the services to be performed by
Consultant.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on
the date first above written.
Dated: POWAY REDEVELOPMENT AGENCY
By:
Its:
Dated:
Poway Redevelopment Agency
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"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by Agency.
Consultant shall provide the necessary qualified personnel to perform the services. In
performance of the services Consultant shall:
Initial Partnerlng Workshoo
The initial workshop will include all preparation time including discussions with the design
teams and the City of poway to determine specific project issues and concerns.
Preparations of all workshop materials, workbooks, etc, is also included within the
preparation time. Facilitation of the workshop will include two facilitators for a 1- Yo day
workshop and preparation of the final report and original project charters for each
participants.
Follow-up Workshop
RH& Associates suggests that a formal follow-up workshop be held four months after the
initial workshop. This workshop should only be four hours in length. The workshop fees
include preparation time with the City of poway and the design teams, facilitation, and a
final report.
** The City of Poway is responsible for distribution of the final report and project charters
to all project participants.
B. Comoensation and Reimbursement.
Agency shall pay Consultant a fee as follows: three thousand eight hundred
($3,800) for a one and one-half (1 Yo) day workshop and twelve hundred ($1,200) for a
fOllow-up workshop. Consultant's fee shall include and Consultant shall be responsible
for the payment of all federal, state, and local taxes of any kind which are attributable to
the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all
reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily
incurred in performance of the services. Consultant shall bill Agency for such expenses
as incurred, referencing this Agreement. All expenses shall be itemized and supported
by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for
reimbursement of expenses shall be paid within ten (10) days of approval by Agency. All
air travel shall be billed at coach or special fare rates. Only lodging outside San Diego
County shall be reimbursable. Consultant shall receive prior authorization for air travel
and lodging expenses. All other expenses shall be reimbursed in accordance with
Agency's cash disbursement policies in effect at the time incurred.
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C. Term of Agreement.
This Agreement shall be effective from the period commencing AUQust 8,
19~ and ending after a follow-up workshop, if necessary, as outlined in Exhibit A, unless
sooner terminated by Agency as provided in the section of this Agreement entitled
"Termination." Upon expiration or termination of this Agreement, Consultant shall return
to Agency any and all equipment, documents or materials and all copies made thereof
which Consultant received from Agency or produced for Agency for the purposes of this
Agreement.
D. Consultant's Insurance.
1, Coveraaes:
Consultant shall obtain and maintain during the life of this Agreement
all of the following insurance coverages:
(a). Comprehensive General Liabilitv . including premises-
operations, products/completed, broad form property damage, and blanket
contractual liability with the following coverages:
General Uability . . . . . , , . . . , , . . . . . . . . . $ 500,000 per person per
occurrence/
" , $1,000,000 aggregate per
occurrence
$500,000 property damage per
occurrence
(b) Automobile Liability. including owned, hired, and non-owned
vehicles with the following insurance coverages:
Auto Uability ."..."....,.......... $ 500,000 per person per
occurrence/
., , $1,000,000 aggregate per
occurrence
$100,000 property damage per
occurrence
(c) Workers' Comoensation insurance in statutory amount. All of
the endorsements which are required above shall be obtained for the policy of
Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions:
(a) Additional Insured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
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.POWAY REDEVELOPMENT AGENCY and its elected and appointed
boards, officers, agents, and employees are additional insureds with respect to this
subject project and contract with Agency."
(b) Notice.
.Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to Agency."
(c) Primary Coverage,
"The policy provides primary coverage to Agency and its elected and
appointed boards, officers, agents, and employees, It is not secondary or in any way
subordinate to any other insurance or coverage maintained by Agency."
3. Insurance Certificates:
Consultant shall provide Agency certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content approved
by Agency, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to
the following addresses:
To Director: poway Redevelopment Agency
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92074
To Consultant:
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