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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. - 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. - ACTION AUG 8 1995 ITEM 11 I 1 of 14 - 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 llI"u 0 ..-mrn J 2 of 14 .. - - 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. 3 of 14 AUG 8 1995 ITEM 11 t 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 4 of 14 AUG 8 1995 ITEM 11 1 - - 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 5 of 14 AUG 8 1995 ITEM 11 I 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 , , ATTACHMENT 2 Powell Redl!lvelopm~nt Agttncy 4.25.95 -1- 6 of 14 AUG 8 1995 ITEM 11 I - - 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 Poway A8development Agency -2- AUG 8 1995 ITEM 11 '1 7 of 14 .._--~---- 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. POW8\, Redevelopment Agency AUG 8 1995 ITEM 11 ,~ -3- 8 of 14 .- - 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. Poway Redevelopment Agency 4-25-95 -4- AUG 8 1995 ITEM 11 , 9 of 14 _._~-- 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. POW8v Redevelopment Agency 4-25-95 -5- AUG 8 1995 ITEM 11 I 10 of 14 - .- 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 4-25-95 -6- ITEM AUG 8 1995 11 I 11 of 14 --- "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. Poway Radevelopment Agency -1- AUG 8 1995 ITEM 11 I 12 of 14 .- - 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.) Po way Redevelopment Agency JlUG 8 1995 ITEM -2- 11 13 of 14 ~~ .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: Powey Redevelopment Agency }UG 8 1995 ITEM 11 1 -- -, -3- 14 of 14