HomeMy WebLinkAboutAgenda Statement 1983/11/01 Item 13a-b COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 11/1/83
ITEM TITLE: a. Resolution //#5S Amending agreement between the City of
Chula Vista and the Resident Inspector for services related to
the construction of the Town Centre Parking Structure
b. Resolution //53é Granting an extension to C.E. Wylie
Construction Company for the Town Centre Parking Structure
from November 30 to December 19, '83
SUBMITTED BY: Director of Building & Housi ;*4 ' ,'ote: Yes No X )
REVIEWED BY: City Manage
On February 8, the Council approved an agreement between Mr. Gingerich and the
City for his services as Resident Inspector and Clerk of the Works. A copy of
the statement given to you at that meeting summarizing the agreement is
attached (Exhibit A). The agreement itself is identified as Exhibit B. It is
offered for extension with the time period increased from seven months to ten
months or less; that is, to date of turnover to the City of a completed
parking structure.
The construction of the Town Centre Parking Structure did not begin until
April 27. Bad weather and work on the site by the sewer, water, and storm
drain contractor served to delay the move-in from the planned date of
March 16. With the notice to proceed issued on April 27, there is a 150-day
period for construction to proceed. The end date for construction is then
November 30.
RECOMMENDATION: That Council:
a. Approve the resolution amending the agreement between the City and Mr.
Gingerich for services as a Resident Inspector and Clerk of the Works for
the Town Centre Parking Structure.
b. To approve the resolution granting an extension of time to the general
contractor, C. E. Wylie Construction Co. , for 13 working days from the
original contract date of November 30, 1983 to December 19, 1983.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
a. Mr. Gingerich's contract is for a seven month duration. At the time his
contract was approved, the general contractor for the parking structure
was to be given a notice to proceed two weeks after the Resident Inspector
was directed to begin work. This was seen as a way for the
Page 2, Item 13
Meeting Date 11/1/83
Inspector/Clerk of the Works to become familiar with the construction
plans and documents supporting the erection of the structure. The work
that Mr. Gingerich was to perform, however, became increasingly more
complex and varied as was by borne out by the review of the plans with the
architect, contractor, subcontractors, and engineers. Consequently, it
was thought prudent to maintain Mr. Gingerich's work with the plans on a
near full-time basis. This led to a four- to six-week work period prior
to start of construction.
The contract work by the sewer and storm drain contractor, and the heavy
rains experienced during that same period delayed the date when the notice
to proceed was given to the general contractor. In that interim period of
time, Mr. Gingerich worked in the offices of the Building and Housing
Department. A detailed log of his activities is kept by him and he is
supervised by the Director of Building and Housing and the Redevelopment
Coordinator on a daily basis.
A summary of those activities include:
- Meetings with Contractor's representatives.
- Meetings with the Architect and Engineer.
- Meetings with the subcontractors. (These meetings were held to
discuss changes in plans discovered during the plan check process,
lengthy periods of talks between the Contractor and City
representatives in an attempt to clarify scheduling, materials
delivery, possible changes in construction or materials. )
- Work on plans and correspondence between the Contractor, his
subcontractors, and Tru-Span, the pre-cast concrete subcontractor.
- Several onsite visits to the Tru-Span manufacturing facility to
inspect pre-cast structural components for quality control.
Additionally, Mr. Gingerich did not work 100% of March or April . If
office work was not pending, he did not work rain days.
Of a total of 23 work days in March, Mr. Gingerich worked 19 days. Of a
total of 21 work days in April he worked 20 days.
Mr. Gingerich 's duties as described in Exhibit C are extensive and are
regarded as necessary to the successful completion of the structure. His
work, as demonstrated by the construction log and verified by City staff,
has been useful to the City in managing to keep costs of the project,
particularly change orders, within the bond fund budget. Daily,
eight-hour attendance is required on the site to maintain the City's
presence and verify the work of the contractor in order to keep
construction costs as low as possible.
( / Y 3
Page 3, Item 13
Meeting Date 11/1/83
Therefore, the recommendation is made to amend the agreement between the
City and Mr. Gingerich to extend his contract time from seven months to a
maximum of ten months to coincide with the term of construction
recommended be given to the general contractor. If the general contractor
cannot meet the December 19 date, then Mr. Gingerich would have to monitor
the period when liquidated damages apply until the structure is complete.
b. As stated earlier, the general contractor was not issued a notice to
proceed until April 27, 1983. The grading contractor did not start
grading activities on-site until May 4. The delivery of pre-cast
structural components was planned for after footings and sheer walls were
cast in place. During that period of time between May and June, there
were four rain days; three strike days and one rain day in October; all
stated in Mr. Gingerich's log. Additionally, the Council granted five
days extension for earthwork at the April 19, 1983, meeting. Such delays
are allowable per the Standard Specifications for Public Works
Construction, 1982 edition. The total time extension requested is eight
work days plus the five already granted or 13 work days beyond the
November 30 contract end date.
Further, during the rain and strike days, Mr. Gingerich did not put in for
full eight hour days. The total hours worked were 39.5 out of a possible
56.
If approved the revised contract end date will be December 19, 1983.
Thereafter, liquidated damages will apply at the rate of $1,000 per day.
FISCAL IMPACT: The Gingerich agreement (Exhibit B) calls for a lump sum of
$20,300 or $2,900 per month, less days not worked. The amount requested to be
added to his contract is for 2-1/2 months or $7,250 for all work through
December 19, 1983. If the Contractor does not complete the work by that date,
it is recommended that Mr. Gingerich be compensated on a per diem basis of
$133 per day until the completion of the project. The monies are provided for
in the Parking Structure Bond fund. The original allocation to the testing
and inspection account was $55,000. $14,847 was expended for services by the
engineering consultant, soils consultant and concrete inspection
laboratories. $19,854 remains in the account as of this writing.
WPC 0859H
COUNLiL AGENDA STATEMENT
Item
Meeting Date 2/8/83
a) Resolution / 1� L2 Approving agreement between the City of Chula Vista
ITEM TITLE: ) g 9 y
and Mr. Clay Gingerich to be the City's Resident Inspector and Clerk of
the Works for the Town Centre Parking Structure construction project and
authorizing the Mayor to execute said agreement
b) Resolution I/i (P4- Approving agreement between the City of Chula Vista
and Testing Engineers - San Diego for materials testing services and
authorizing the Mayor to execute said agreement
SUBMITTED BY: Director of Building & Housing .�uL /( (4/5ths Vote: Yes No X )
Community Development Director ,
REVIEWED BY: City Manager
At its meeting held on February 1 , 1983, the City Council directed staff to revise
the proposed agreement between the City of Chula Vista and Mr. Clay Gingerich as
resident inspector for the Town Centre parking structure. The Council ' s intent was
to pay Mr. Gingerich only for time worked not to exceed $20,300 for the duration of
the Town Centre construction project. In addition, it was Council ' s desire that
Mr. Gingerich not be paid for days not worked due to rain or other delays.
In reviewing this referral with Mr. Gingerich, the following compromise was reached
as it related to the receipt of payment for his performance as clerk of the works:
1 . Mr. Gingerich shall receive payment for seven months of work not to exceed
$20,300.
2. If the proposed construction project exceeds seven months due to no fault of
the clerk of the works, the contract will be re-negotiated and be returned to
the City Council for approval .
3. If the contract is completed in less than seven months, Mr. Gingerich shall
receive payment pro-rated on a daily basis through the end of the construc-
tion period.
4. Mr. Gingerich shall not be paid for non-work days due to rain or other
delays where his presence is not required on-site.
It is believed that the above compromise is an equitable resolution to the concerns
as expressed by the City Council .
RECOMMENDATION: That the Council adopt the resolutions:
1 . Authorizing the Mayor to sign the proposed agreement between the City of
Chula Vista and Clay Gingerich; and,
2. Authorizing the Mayor to sign the agreement with Testing Engineers - San
Diego for materials and testing services.
EXHMITA
Form A-113 (Rev. 11/79)
AGREEMENT FOR PROJECT REPRESENTATIVE FOR
THE TOWN CENTRE PARKING STRUCTURE
THIS AGREEMENT, made and entered into in the City of Chula Vista,
California, this 1st day of February, 1983, by and between the CITY OF CHULA
VISTA, a municipal corporation, hereinafter referred to as "CITY," and
MR. CLAY GINGERICH, 768 Riverlawn Avenue, Chula Vista, California 92010,
hereinafter referred to as "PROJECT REPRESENTATIVE";
W I T N E S S E T H :
WHEREAS, the City, during the construction of the Chula Vista Town Centre
Parking Structure, requires the services of an inspector and qualified
professional to perform various services during said construction; and
WHEREAS, MR. CLAY GINGERICH, is an individual who holds the necessary
training and State licensing to perform the services listed below.
NOW, THEREFORE, in consideration of the mutual promises and upon the terms
and conditions contained herein, the City and Mr. Clay Gingerich, the Project
Representative, agree as follows:
1 . The Project Representative agrees to provide the following
professional services as an independent contractor employed by the City:
Construction Inspection:
1 .1 To serve when appointed as an independent building inspector as
directed by the Director of Building and Housing, or his authorized
representative.
1 .2 To inspect for the purposes of determining that all construction
activities comply with the following regulations:
Uniform Building Code 1979 Edition;
Uniform Mechanical Code 1979 Edition;
Uniform Plumbing Code 1979 Edition;
National Electrical Code 1975 Edition;
Title 19, California Administrative Code;
Title 24, California Administrative Code;
Chula Vista City Code
1 .3 To compare the contract plans and specifications for the purpose
of advising the City of any contractor's or subcontractor's
conformance with said plans and specifications in any building
activity.
1 .4 To act as a special inspector for the purpose of inspecting high
strength concrete masonry and structural welding, and to provide such
services in accordance with standard construction practice.
k -/7/� 3 /? / (L3c EXHIBIT /5
•
3. The Project Representative further covenants that he shall provide
his own transportation wherever necessary for performance of his duties under
this agreement.
4. The Project Representative further covenants that he shall provide a
fully qualified substitute as approved by the Director of Building and Housing
to carry out his duties in the event he is incapacitated and cannot fulfill
the terms of this agreement. During that period of time the substitute Clerk
of the Works shall receive the same compensation pro rated on a daily basis as
stipulated in this agreement for Mr. Gingerich.
Payment to Project Representative
It is agreed that Project Representative shall receive an amount of
twenty thousand, three hundred dollars and no cents ($20,300.00) for the
completion of services required in this project. City agrees to pay Project
Representative on a monthly basis for his services on the first day of each
month for services performed in the preceding month. Project Representative
shall receive the amount of two thousand, nine hundred dollars and no cents
($2,900.00) per month provided, however said payment will be reduced by the
number of days in the previous month where services have not been performed.
Term of Agreement
The term of this agreement shall be for a period of seven (7) months
commencing on the first of February, 1983; provided, however, the City of
Chula Vista at its sole option may terminate said agreement for cause upon
thirty (30) days written notice to Project Representative of such
termination. The contract may be extended at the sole option of the City if
required by circumstances that do not permit the completion of the project
within said seven-month period.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA PROJECT REPRESENTATIVE
//1)
//f.
Mayor o , C J y o C u a' V i s a c ay G ' i ch
- de,
ATTEST ;- /,JZ,c,, 4..
ity C er J
Approved as to form by
s>Fr t ? 1 l off �( 4� -
y Attorney ,/
WPC 0502H
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e_ / / ,c6
DEPARTMENTAL CORRESPONDENCE
DATE: March 25, 1975
TO: Craig Beam, Assistant City Attorney •
. FROM: Gene Grady, Director of Building & Housing SUBJECT : List of Duties - Clerk of the Works
1 . To serve as a deputy inspector under the immediate direction and
supervision of the Director of Building and Housing to insure all
Federal , State and local ordinances are complied with.
2. To make sure the various subcontractors coordinate their jobs to
keep the over-all job on schedule.
3. Check the plans and specifications, method of construction to insure
the City is getting what is specified, and to make any suggested
changes to the Director of Building and Housing that may be of benefit
to insure a better structure and possible monetary savings.
( , 4. Serve as a special inspector on high strength concrete, masonry and
structural welding. •
5. To check all materials and equipment delivered for the type ordered
and for any damage.
6. Estimate the percentage of work completed to see that it coincides
with contractor's request for payment.
7. City's liaison with Architect and Contractor.
8. Review all shop drawings.
9. To keep a record of delays caused by fire, floods , epidemics , strikes
and acts of God.
10. Advise the City on Change Orders.
11 . See that all required soil , concrete and other required tests are
made.
12. Take concrete cylinder samples and make concrete slump tests.
13. Check each delivery ticket of structural concrete delivered.
EG/bt
City o5 ChuZa CaZi onnia
EXHIBIT C
A 111
1� t13y
COUNCIL AGENDA STATEMENT
Item 13
Meeting Date 11/1/83
ITEM TITLE: a. Resolution //4S`� Amending agreement between the City of
Chula Vista and the Resident Inspector for services related to
the construction of the Town Centre Parking Structure
b. Resolution //4/34; Granting an extension to C.E. Wylie
Construction Company for the Town Centre Parking Structure
from November 30 to December 19, "83
SUBMITTED BY: Director of Building & Housi ate: Yes No X )
REVIEWED BY: City Manager'7-'
On February 8, the Council approved an agreement between Mr. Gingerich and the
City for his services as Resident Inspector and Clerk of the Works. A copy of
the statement given to you at that meeting summarizing the agreement is
attached (Exhibit A). The agreement itself is identified as Exhibit B. It is
offered for extension with the time period increased from seven months to ten
months or less; that is, to date of turnover to the City of a completed
parking structure.
The construction of the Town Centre Parking Structure did not begin until
April 27. Bad weather and work on the site by the sewer, water, and storm
drain contractor served to delay the move-in from the planned date of
March 16. With the notice to proceed issued on April 27, there is a 150-day
period for construction to proceed. The end date for construction is then
November 30.
RECOMMENDATION: That Council:
a. Approve the resolution amending the agreement between the City and Mr.
Gingerich for services as a Resident Inspector and Clerk of the Works for
the Town Centre Parking Structure.
b. To approve the resolution granting an extension of time to the general
contractor, C. E. Wylie Construction Co. , for 13 working days from the
original contract date of November 30, 1983 to December 19, 1983.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
a. Mr. Gingerich 's contract is for a seven month duration. At the time his
contract was approved, the general contractor for the parking structure
was to be given a notice to proceed two weeks after the Resident Inspector
was directed to begin work. This was seen as a way for the
Page 2, Item 13
Meeting Date 11/1/83
Inspector/Clerk of the Works to become familiar with the construction
plans and documents supporting the erection of the structure. The work
that Mr. Gingerich was to perform, however, became increasingly more
complex and varied as was by borne out by the review of the plans with the
architect, contractor, subcontractors, and engineers. Consequently, it
was thought prudent to maintain Mr. Gingerich's work with the plans on a
near full-time basis. This led to a four- to six-week work period prior
to start of construction.
The contract work by the sewer and storm drain contractor, and the heavy
rains experienced during that same period delayed the date when the notice
to proceed was given to the general contractor. In that interim period of
time, Mr. Gingerich worked in the offices of the Building and Housing
Department. A detailed log of his activities is kept by him and he is
supervised by the Director of Building and Housing and the Redevelopment
Coordinator on a daily basis.
A summary of those activities include:
- Meetings with Contractor's representatives.
- Meetings with the Architect and Engineer.
- Meetings with the subcontractors. (These meetings were held to
discuss changes in plans discovered during the plan check process,
lengthy periods of talks between the Contractor and City
representatives in an attempt to clarify scheduling, materials
delivery, possible changes in construction or materials.)
- Work on plans and correspondence between the Contractor, his
subcontractors, and Tru-Span, the pre-cast concrete subcontractor.
- Several onsite visits to the Tru-Span manufacturing facility to
inspect pre-cast structural components for quality control.
Additionally, Mr. Gingerich did not work 100% of March or April. If
office work was not pending, he did not work rain days.
Of a total of 23 work days in March, Mr. Gingerich worked 19 days. Of a
total of 21 work days in April he worked 20 days.
Mr. Gingerich 's duties as described in Exhibit C are extensive and are
regarded as necessary to the successful completion of the structure. His
work, as demonstrated by the construction log and verified by City staff,
has been useful to the City in managing to keep costs of the project,
particularly change orders, within the bond fund budget. Daily,
eight-hour attendance is required on the site to maintain the City's
presence and verify the work of the contractor in order to keep
construction costs as low as possible.
Page 3, Item 13
Meeting Date 11/1/83
Therefore, the recommendation is made to amend the agreement between the
City and Mr. Gingerich to extend his contract time from seven months to a
maximum of ten months to coincide with the term of construction
recommended be given to the general contractor. If the general contractor
cannot meet the December 19 date, then Mr. Gingerich would have to monitor
the period when liquidated damages apply until the structure is complete.
b. As stated earlier, the general contractor was not issued a notice to
proceed until April 27, 1983. The grading contractor did not start
grading activities on-site until May 4. The delivery of pre-cast
structural components was planned for after footings and sheer walls were
cast in place. During that period of time between May and June, there
were four rain days; three strike days and one rain day in October; " all
stated in Mr. Gingerich' s log. Additionally, the Council granted five
days extension for earthwork at the April 19, 1983, meeting. Such delays
are allowable per the Standard Specifications for Public Works
Construction, 1982 edition. The total time extension requested is eight
work days plus the five already granted or 13 work days beyond the
November 30 contract end date.
Further, during the rain and strike days, Mr. Gingerich did not put in for
full eight hour days. The total hours worked were 39.5 out of a possible
56.
If approved the revised contract end date will be December 19, 1983.
Thereafter, liquidated damages will apply at the rate of $1,000 per day.
FISCAL IMPACT: The Gingerich agreement (Exhibit B) calls for a lump sum of
$20,300 or $2,900 per month, less days not worked. The amount requested to be
added to his contract is for 2-1/2 months or $7,250 for all work through
December 19, 1983. If the Contractor does not complete the work by that date,
it is recommended that Mr. Gingerich be compensated on a per diem basis of
$133 per day until the completion of the project. The monies are provided for
in the Parking Structure Bond fund. The original allocation to the testing
and inspection account was $55,000. $14,847 was expended for services by the
engineering consultant, soils consultant and concrete inspection
laboratories. $19,854 remains in the account as of this writing.
WPC 0859H �,„t�
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