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HomeMy WebLinkAbout1986-08-12; City Council; Resolution 87401 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 1( 1: It 1E 2( 22 2: 21 21 2f 2c 2: 2€ RESOLUTION NO. 8740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR AN ARCHITECTURAL REMODELING OF THE CITY-HALL. WHEREAS, the City of Carlsbad has solicited proposals for an architectural remodeling of City Hall; and WHEREAS, prospective firms were required to submit qualifications statements, support information, and a scope of work proposal; and WHEREAS, the recommended firm of Rob Quigley and Associates possesses the skills, background, and expertise necessary to accomplish the remodeling; and WHEREAS, The City Council has previously appropriated funds in the amount of $200,000 in the 1986-87 C.I.P. budget for the remodeling. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California; 1. That the above recitations are true and correct. 2. That the agreement with the firm of Rob Quigley and Associates attached hereto as Exhibit A is hereby approved. I// //I I// //I I// I// I// //I 1 2 3 4 5 6 7 8 9 IC 11 12 1: 14 15 16 17 1E 1: 2c 21 22 21 21 21 21 2' 21 an 3. gr That the Mayor is authorized and direted to ement with the firm of Rob Quigley and As behalf of the City. enter ociat into s on PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of August 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: %d@A- MA& H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk (SEAL) AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into as of,the 1st day of August, 1986, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and Rob Wellington Quigley and Associates hereinafter referred to as "Consultant." RECITALS City requires the services of an architectural consultant to provide the necessary architectural services for a remodeling of current municipal facilities; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: (1) CONSULTANT'S OBLIGATIONS The Consultant shall provide arc'hitectural consultant services to the City in accordance with the "City Hall Remodel Proposal" attached hereto which is incorporated by reference and made a part of this agreement. Said services shall be performed diligently, in a professional manner, and in accordance with the terms and conditions of this agreement under the direction of the City Manager or his authorized representative. (2) CITY OBLIGATIONS The City shall pay the Consultant in accordance with paragraphs (4) and (5) of this agreement upon receipt of invoices submitted by the Consultant and approved by the City. .- 7 e (3) PROGRESS AND COMPLETION The work under this contract will begin immediately upon receipt of notification to proceed by the City and be completed within thirty (30) calendar days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Manager. In consideration of such requests, the City Vanager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. (4) FEES TO BE PAID TO CONSULTANT The fee payable to the Consultant by the City shall be calculated by the hours and rates in accordance with the section of the attached "City Hall Remodel Proposal" entitled "Fee". No other compensation for services will be allowed except those items covered by supplemental agreements per paragraph (6), CHANGES IN WORK. (5) PAYMENT OF FEES Payment of fees shall be made within fifteen (15) days after receipt and approval of invoices submitted by Consultant to City. All invoices shall be detailed and include a written description of the work performed in accordance with the "City Hall Remodel Proposal", dates, hours worked, hourly rate, and total amount of requested payment. Because of the relatively short period of time for performance of this agreement, all fees will be payable at the time of completion of the scope of work. It is understood that if the project is resumed after being suspended for more than sixty (60) days, the Consultant's compensation shall be subject to renegotiation based upon adjustments to billing rates that have occurred in the interim. (6) CHANGES IN WORK If, in the course of this contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the t City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes 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 Manager who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. (7) NON-COLLUSION CLAUSE The Consultant warrants that their firm has not employed or retained 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 consideration contingent upon, or resulting from, the award or making this agreement. For -7 J - 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. (8) NON-DISCRIMINATION CLAUSE The Consultant shall comply with applicable State and Federal laws regarding non-discrimination. (9) TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for 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 (5) working days to deliver said documents owned by the City and all work in progress to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant 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 final payment of the contract. (IO) DISPUTES 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. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the Consultant or the City Manager. 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 Manager or the Consultant -I I receiving the letter shall reply to the letter along with a recommended method e of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Attorney. 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 them at law. (11) SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver 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. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. (12) STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's 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. ( 13) ROLE OF THE CONSULTANT The Consultant -. J - will provide planning and programming to the City for this project. For this scope of work, the Consultant will not practice architecture, e engineering, nor any building trddes, and assumes no liability normally associated with such professions and trades. (14) OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein produced as a result of this agreement are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make copies of all documents for his/her records. The Consultant may show to others selected items from reports and documents as part of business development. The Consultant warrants that display of this information will not cause harm to the City. (15) HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be 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 agrees 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, unless the liability or claim is due, or arises out of, solely to the City's negligence. (16) ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any -. d . monies due thereunder without the prior written consent of the City. '7 Ih ( 17) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing -contained 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 Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. (18) 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 in 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 City to exercise any executive, supervisory, or 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. (19) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. (20) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (151, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (21) BUSINESS LICENSE REQUIRED . Prior to beginning work, the Consultant shall secure a City of Carlsbad business license and pay the appropriate fee for said license in accordance with Section 5.04.020 of the Carlsbad Municipal Code. (22) EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. (23) CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. -9- (23) CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST : City Clerk 1- 11575 Sorrento Valley Bay 21 7 San Diego, California (61 9) 457-2770 ! 92121 CITY HALL REMODEL CITY OF CARLSBAD 7/31/86 This fee proposal is based on the conceptual plans presented by Michael Feerer on August 1, 1986. We understand the City will provide us and our consultants with as-built drawings to begin work. This is also based on the requirement for only one set of new handicapped bathrooms in the main building as preliminarily approved by the Carlsbad Building Dept, Any changes to these plans requested by the City after the start of work will be considered an additional service. SCOPE OF SERVICES: We agree to prepare drawings for use by a contractor to remodel the existing City Hall. The following services will be included: . On-site survey to determine what materials and equipment can be re-used (such as heating, air conditioning, electrical, walls, ceilings, doors, metal studs, etc.). . Furniture layout - we will made a preliminary furniture layout and meet with the department heads for their review and approval. . Material selections - floor covering, lighting fixtures, ceiling finish, color and paint schedule, furniture selection as needed for new spaces, signage and cabinetry. Upgrade or substitution of new furniture is also included. Working drawings will consist of a minimal set of drawings necessary for the contractor to build the project. Where possible, notes or photos will be used instead of drawings. . . The following architectural contract documents will be delivered to John Cahill within one month from notice to proceed 1. 2. 3. 4. 5. 6. 7. 8. 9. Schedules and Notes Demolition Plan Floor Plans Furniture Plan Reflected Ceiling Plans Interior Elevations (New Handicapped Bathrooms, Council Chamber Screen Wall, Counters, Cabinets) Details Outline Specifications Color and Paint Schedule . Contractor interface during design/working drawings phase for input on methods, costs, etc. . Construction observation (10 site visits budgeted). Page 2 . Not included: 1. Site improvements 2. Renderings, presentation drawings, or models 3. As-Built drawings - if changes are made during construction, the time necessary to update the plans to reflect these changes would be billed hourly as an extra. . Progress plans will be submitted periodically to John Cahill and Frank Mannan for review and approval. There will be limit of 5 review meetings with John and Frank and one presentation to the City Council. . The completed plans will be submitted to the City's BuiIding Inspection Department for approval. We understand that this process will be expedited by John. We will make necessary corrections to the plans to obtain a building permit. Mechanical Engineering - The following mechanical plans will be prepared by our consultants: . 1. LegendlSchedulesLDetls 2. Demolition Floor Plans 3. New Floor Plans 4. Demolition and New 1/4" Plumbing Plans . Electrical Engineering - The following electricalflighting plans will be prepared by our consultants: 1. Symbols/Notes/Schedules 2. Demoliton Power Plan 3. Demoliton Lighting Plan 4. New Lighting Plan 5. New Power Plan . Structural Engineering - Our consultant will make an on-site survey of the trailer modules that are to remain to determine whether they meet seismic and structural codes. . The City will supply us with the most current plans, a detailed list of equipment and power requirements, and their boiler-plate specifications. .' Page 3 Fee: We estimate that the cost of the work described above can be performed for a maximum fee of $39,585. The fee estimate is broken down as follows: Architectural $16,885.00 Space PlanningFurniture Layout 5,950.00 Interior Design 4,000.00 Mechanical Engineering 6,250.00 Electrical Engineering 6,000.00 Structural Engineering 300.00 Reimbursable Expenses 200.00 Total $39,585.00 We would bill hourly to this maximum amount. We have told our consultants that the City expects very minimal drawings. However, the drawings must be adequate for bidding and construction purposes. Consultants: Space Planning//Furniture Layout Interior Design Kathleen McCormick Mechanical Engineering Electrical Engineering Structural Engineering Michael Feerer & Associates Fred Cimmins, EC Engineering Bill Rattan, Turpin & Rattan Mike Firouzi, AMs Engineering Hourly Rates: Principal Project ArchitectEngineer Draftsman $70/hour $50/hour $35/hour