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HomeMy WebLinkAbout1982-04-06; City Council; Resolution 68331 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6833 A RESOLUTION OF THE CITY COUNCIL OF THE CfTY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DESIGN HAUS, ARCHITECTURAL ASSOCIATES, INC. FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DESIGN OF AN ADDITION TO THE CHILDREN'S LIBRARY The City Council of the City of Carlsbad, California, does hereby resolve 3s fol lows! 1. That certain agreement between the City of Carlsbad and Design Haus, 4rchitectural Associates, Inc. for preparation of Plans and Specifications for the design for the children's additlon to the Library, a copy of which is attached hereto and incorporated herein by reference, is hereby approved, 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement forandon behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 6th day of April , 1982, by the following vote, to wit: AYES: Council Mahers Packard, Casker, Anear Lewis and Kulchin NOES: None ABSENT : None _Y RONALD C, PACKARD, Mayor ATTEST : (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN DESIGN MUS AND THE CITY OF CARLSBAD FOR ARCHITECTURAL SERVICES FOR THE CITY LIBRARY ADDITION THIS AGREEMENT, made and entered into as of the d aY of - , 1982, by and between the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as "City", and DESIGN HAUS a Consultant , hereinafter referred to as "Consultant". WITNESSETH: ----_--_--- WHEREAS, the City require.s the services of an architectural firm to provide the necessary architectural services for an addition to the Children's Library; and WHEREAS, Consultant possesses the necessary skills and quali;. fications to provide the services required by the City: NOW, THEREFORE, the parties hereunt-o agree as follows: ARTICLE I : SCOPE OF CONSULTANT SERVICES The Consultant will perform the following tasks: 1. 2. Prepare plans and specifications for the library addition Prepare and submit structural calculations necessary for the addition and to provide fo; a second floor. 3. 4. Detail the necessary architectural, structural, air con- Prepare and submit detailed cost estimates. ditioning, heating and ventilating plans. 5. All plans to be signed by a registered architect and eng i neer. 6. City's preliminary pl'an shall be u 7. Consultant shall provide for coot-d both Engineering and Library. 8. Consul tant the City prior to proceeding w shal th f - ilized to guide design nation with City staff submit a set of- prel iminary sketches to nal design. . 3 1 2 3 4 ti 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 23, 22 23 24 25 26 27 28 I The final design package shall contain, as a minimum, the following items: 1. Complete quantity, structural, mechanical, air condition- ing and ventilation calculations necessary for the design of the proposed facilities. 2. A complete set sf reproducible plans in accordance with City requirements. Drawings shall be neat and legible with dimensions to all installations. be clearly indicated. Type, quality and quantity of all materials required should 3. Plans and specifications shall be certified as to correct- ness and signed by a registered archit-ect, civil engineer and/or structural . engineer, and R.C.E. number provided. 4. The following items should appear on the final drawings. (This 1 ist is indicative, not exhaustive.): a. A plan of the library addition work. b. Utilities lines shall be shown with necessary modifi- cat ions. c. Floor, wall and cei 1 ing finish schedules. d. Where structural items are to be used, a structura steel schedule shall be provided with dimensions and quant tie: of all steel required. e. Modifications required for air conditioning. $ f. Any special methods of construction or materials re- - quired for construction shall be clearly indicated. g. Specifications shall 'be provided in conformance with City Slgnature block 5or the City Engineer. 5. Standards and requirements. Recent specifications will be available upon re- quest for guidance. [t -2- I. 2 3 4 5 6 7 a 9 10 12 13 14 15 16 I.? 18 19 20 21 22 23 24 25 26 27 28 6. Any necessary provisi0n.s for staged construction. 7. Final detailed construction cost estimate. 8. Fifty copies of plans and specifications for publication after final approvals. 9. All plans and specificatrons and submitted items shall be developed in a form satisfactory to the City. 10. Certification by-a soils engineer shall be provided for the stability of structures against failure; ARTICLE I!: PROGRESS AND COMPLETION The work under this contract will begin within 15 days after receipt of notifjcation to proceed by.the City and be completed within three. months of that date. Progress will be as' follows: Task Time . Starting From Preliminary Submittal 1 month Notice to Proceed 2 months Approval of Prel iminary Submittal Final Package Extensions of time may be granted if requested by the Consul- In consideration of such in writing by the City Engineer. tant and agreed to requests, the City t iated unforese,eab on .the part of the cie ART e and Consu unavoidable tant, or de Engineer will give due allowance for documented and substan- delays not caused by a lack of foresight ays.caused by City inaction or other agen. ' lack of time y act on. CLE Ill: TEES TO BE PAID TO CONSULTANT The lump sum fee payable in installments according to Article IV shall be $11,500 . No other compensation for services will be allowed except those items covered by supplementa.1 agreements per Article VI, Changes in Work. PAYMENT OF FEES ARTICLE IV: _IC The Consultant shall be ent'itled to, fees in accordance with -3- 5? 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e the following schedule: Preliminary Submittal - 15% of fee Final Package installments: 40% at 50% completion and 40% at 100% completion One year or final construction - 5% of fee - 80%'0f fee (this may be paid in two ARTICLE V: FINAL SUBMISSIONS Within '15 days of completion and approval of the final pack- age, the Consultant shall deliver to the City the following items: 1. Fifty copies of the p.lans and specifications in a form . suitably bound and on white paper. A reduced set of drawings shall be bound into each set of specifications. 2. Original mylars at scale of the drawings reproducible on standard 24" by 36" sheets. 3. All final certifications and documents. ARTICLE VI: CHANGES IN WORK: If, in the course of this contract and design, changes seem merited by the Consultant or from the City and informal consultations with the other party indicate that a change in the cond tions of the contract is war- ranted, the Consultant or the City may request a change in contract. Such change shall be processed by the City in the following manner: A letter out- lining the required changes shall be forwarded to the City or.Consultant to inform them of the proposed changes along with a statement of estimated change in charges or time schedule. 'After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who wi' inform a principal of the Consultant's firm of the necessity of such action -4- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,23 24 25 26 27 28 and ART fol low CLE VI up wit-h a supplemental agreement covering such work. COVENANT AGAINST- CONTtNGENT FEES The Consultant warrants that he/she has not employed or re- tained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant 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 considera- tion contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its 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. ARTICLE VIII: DESIGN STANDARDS The Consultant shall prepare the plans and specifications in accordance with recognized current design practices. Appl icable City of . Carlsbad standards and regional standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. ARTICLE IX: TERM1 NAT I ON OF CONTRACT In the event of the Consultant's failure to prosecute, cdliver or perform the work as provided in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City and all work in progress to the City Engineer. upon the documents de.livered to City of the percentage of work which the Con- The City Engineer shall make a determination of fact based .- sultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding, as reported to the City Council, the Council shall determine the flnal.payment of the contract. -5- . 7 1 2 3 4 5 6 7 e 9 le 11 1% 12 14 15 16 17 18 19 2c 21 2% 22 24 25 26 27 20 * 8 ARTICLE X: D I SPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties'. Sxh questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be re- duced to writing by the principal of.the Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit. to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a lette outlining the dispute shall be forwarded to the City Council for their resolu- tion through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to the at law. ARTICLE XI: RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render a professional service only and any payment made to Consultant are compensation solely foi such services Consultant may render and recommendations made in the course of this project. Consultant shall certify'as to the correctness of all designs and sign with R.C.E. number a1 1 plans, specifications and estimates furnished. - ARTICLE XII: SUSPENSION OR TERMINATION OF SERVICES . This agreement may be terminated by either party upon tender- In'the event of such suspen- ing 30 days' written notice to the other party. sion or termination, upon request of the Ci.ty, the. Consultant shall assemble x -6- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ,19 20 21 22 23 24 25 26 27 28 the work product and put same in order for proper filing and closing and de- liver said product to City.' In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total, maximum fee. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. The City and Consultant agree to consider arbitration in the event of a disagreement. ARTICLE XIII: STATUS OF THE CONSULTANT , The Consultant shall perform the services provided for herein in his/her own way as an independent contractor and in pursuit of his/her independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. ARTICLE XIV: CONFORMITY TO LEGAL REQUIREMENTS The Consultant shal? cause all drawings and specifications to icable requirements of law: Federal, State and local. Con. conform to all app sultant shall prov de the neces'sary copiks of such project drawings and speci- fications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. Building Permit fee shall be waived. ARTICLE XV: OWNERSHIP OF DOCUMENTS e All plans, studies, sketches, drawings, reports and specifica- tions as herein required are the pr0pert.y of the City whether the work for which they are made be executed or not. - In the event'this contract is termi- nated, all documents, plans, specifications, drawings., reports and studies shall be delivered forthwith to the City. ART I CLE. xv I : HOLD HARMLESS AGREEMENT The City, its agents, officers and.employees shall not be -7- . 1 5 6 7 a .. 9 11 12 13 3.4 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agi-ees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. ARTICLE XVII: ASSIGNMENT OF CONTRACT . The Consultant shall not assign thi.s contract or any part thereof or any monies due thereunder without prior written consent of the City ARTiCLE XVIII: SUBCONTRACTING If the Consultant subcontracts any of the work to be performed under .this contract, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either di- rectly or indirectly employed by the subcontractor, as Consultant is for the acts and omissi'ons of persons directly employed by Consultant. Nothing con- tained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consult'antls work unless speci'fically noted to the con- trary in the subcontract in question approved in writing by the City. ARTICLE XIX: PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part ln - 8- r. 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 . 25 26 27 28 e - negotiating, making, accepting, or approving of any architectural, engineering inspection, construction, or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the'Ci,ty to exercise any executive, supervisory, 0,- other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. ARTICLE XX: VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agen or employee of the City, either before, 'during, or after the execution of this contract, shall affect or modify any of the terms or obiigations herein con- tained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the. terms of this contract. .ARTICLE XXI; SUCCESSORS OR ASSIGNS . Subject to the provisions of Article XVI, Hold Harmless Agree- ment, all terms, conditions, and provisions .hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors administrators, successors and assigns. ARTICLE XXII: EFFECTIVE DATE Th!s contract shall be effective on and from the day and year first above written. ARTICLE XXIil: CONFLICT OF INTEREST The Consultant shail file a conflict of interest statement wit the City Clerk of the City of Carlsbad. The Consultant shall report interest in real. property and interest in any business holding real property in the City of Carlsbad. -9- I/ U 14 17 ' 2c 21 22 23 24 25 26 27 . 28 m ARTICLE XXIV: COST REPORTING .- Any documentation or wri'tten report shall contain in a separ- ate section the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or report unless less than $5,000. CITY OF CARLSBAD .EA/G@J ~ALD c, PACKARD, MAYOR ATTEST : DESIGN HAUS ASS? STANT CTTY ATTORNEY -10-