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HomeMy WebLinkAbout2009-02-10 City Council Agenda Item No. 6CITY OF LADE 'JLSINO DREAM EXTREME„ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 10, 2009 SUBJECT: PROFESSIONAL ENGINEERING SERVICES - PETER RAMEY CONSTRUCTION MANAGEMENT CONTRACT Background On June 24, 2008, the City Council approved a professional engineering agreement with Mr. Ramey to perform construction management duties for the fire station and park at Rosetta Canyon, and the improvements at SR-74 (Central Avenue) at 1-15 interchange. Discussion During the current calendar year, the Engineering Division will complete engineering plans for advertising. Mr. Ramey, with his extensive construction management experience will be able to perform construction management of new projects along with the ongoing Rosetta Canyon Fire Station and park, and SR-74/1-15 interchange. Sufficient funds are available for Mr. Ramey's services for the ongoing two projects. As new projects are awarded to contractors, costs for Mr. Ramey's services will be included in the project budget. FISCAL IMPACT The cost of Mr. Ramey's inspection services for Rosetta Canyon Fire Station and park, along with SR-74 (Central Avenue) 1-15 interchange have been identified in each project cost. Future City projects will include inspection costs within their respective project costs. Mr. Ramey's hourly rate was approved at $90.00 per hour, however due to current economic conditions he has agreed to an 11 % hourly rate reduction to $80.00 per hour. Agenda Item No. 6 Page 1 of 4 Construction Management Contract - Ramey February 10, 2009 Page 2 RECOMMENDATION Authorize the City Manager to enter into a contract with Mr. Ramey to provide Construction Management services for City Capital Improvement Projects. Prepared by: Ken A. Seumalo Director of Public Works Approved by: Robert A. Brady City Manager Agenda Item No. 6 Page 2 of 4 CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT ~~.~xxx~~xx~+txxxxxx~:vxxxx~x~~x~:v~~~~ww.~:~~xx~x.~w~~+~~,rx+:r:rwr:~,va•.~~~~~~x~~w~~w~~~~~~~a•~~~~~:exrxx.~~~~~xa•a THIS AGREEMENT made and entered into on February10 , 2009. by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Peter Ramey FOR USE BY THE ADMINISTRATIVE SERVICES DEPT S.S/E.I.N. NO. 550-90-3937 Vendor # MAILING ADDRESS 27479 Darlene Drive Purchase Order # CITY, STATE, ZIP Moreno Valley. CA 92555 PHONE NUMBER (951) 242-0410 Works Public Works Department, Engineering Division Document Preparer: Ken Seumalo , Director of Public Date 02/04/2009 Ext. or Telephone # x244 party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From: February 10, 2009 To: June 30, 2010. WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; A rate of $80 per hour. Based on providing up to 40 hours per week. Additional hours may be available contingent upon approval of the Director of Public Works. Payment processing will begin upon presentation of a time sheet (format as provided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A".) Service include but are not limited to: Construction management of a variety of construction projects review improvement designs for errors and omissions, attend various meeting with outside agencies coordinate with all City Divisions, public utilities and other agencies Payment processing will begin upon presentation of timesheets and invoices for services rendered. The format shall be provided to the contractor and submitted forms shall be TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights.. 2. HOLD HARMLESS -CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMINATION -This agreement maybe terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. Agenda Item No. 6 Page 3 of 4 RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: KEN SEUMALO DIRECTOR OF PUBLIC WORKS IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of ,20 CITY OF LAKE ELSINORE City Manager CONTRACTOR Contractor Director of Public Works NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. Agenda Item No. 6 Page 4 of 4