HomeMy WebLinkAbout1977-09-20; City Council; 910-11; Community Swimming ComplexCITY OF CARLSBAD
Initial:
DATE : September 20, 1977 Dept . Hd d@
C. Atty.lJ3
C. Mgr, 5 - DEPARTMENT : Engineering
Subject:
AGENDA BILL NO, 910 - Supplement #I1 - -.
COMMUNITY SWIM COMPLEX - ARCHITECTURAL SERVICES AGREEMENT
Statement of the Matter
On June 1.5, 1976 the City Council authorized City staff to prepare an agreement for consulting services with the firm of Kammeyer, Lynch & Partners.
time, the Environmental Impact Review, Site Evaluation and Joint Use Agreement with the School District had not yet been completed.
At that
The project can be expedited at this time.by authorizing the architect to be-
gin work on the conceptual development plan which can be used for presentation to City Council, Parks and Recreation Commission, Planning Commission and Pool Coordinating Committee. The transfer of the property and the Conditional Use Permit can be processed while the architect is working on the plans. the conceptual development plan is approved, the architect can immediately be- gin work on the detailed plans and specifications.'
After
Exhibits
1.
2.
Tentative Project Schedule - Community Swim Complex
Resolution No.&,?d[authorizing the Mayor to execute agreement with Kammeyer, Lynch & Partners.
Recommendation
Staff recommends that City Coincil adopt Resolution No. $dO/authorizing
the Mayor to execute an agreement between the City and Kammeyer, Lynch 8. Partners for architectural services for the Community Swim Complex.
Counci 1 action
9-20-77 Resolution #5201 was adopted, approving an agreement between the City and Kammeyer, Lynch & Partners for design of the Community Swim Complex.
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RESOLUTION NO.301 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND KAMMEYER, LYNCH & PARTNERS FOR THE DESIGN OF THE COMMUNITY SWIM COMPLEX
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does hereby re-
solve as follows:
1.
Kammeyer, Lynch & Partners for the design of the Community Swim Complex, a
That that certain agreement between the City of Carlsbad and
copy of which is attached hereto, marked Exhibit A, and incorporated herein
'by reference, is hereby approved;
. 2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 20th day of September , 1977 by the
following vote, to wit:
AYES : Councilmen Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler
ABSENT: Councilman Frazee
ATTEST :
(SEAL)
AGREEMENT FOR ARCHITECTURAL SERVICES FOR A COMMUNITY SWIM COMPLEX IN THE CITY OF CARLSBAD, CALIFORNIA
THIS AGREEMENT, made and entered into as of the 20th day of
September , 1977, by and between KAMMEYER, LYNCH & PARTNERS,
hereinafter referred to as Architect, and the CITY OF CARLSBAD, hereinafter referred
to as City.
W I T N E S S E T H
WHEREAS, the City and the Carlsbad Unified School District have en-
tered into a Joint Use Agreement, dated July 20 , 1977, for the
construction of a community swim complex on a site adjacent to Carlsbad High
School , and said agreement is on file with the City Clerk and incorporated by ref-
erence herein; and
WHEREAS , said agreement provides that City shall employ architects
as it considers appropriate to design community swim complex and prepare plans
and specifications; and
NHEREAS, the Swimming Pool Architect Selection Committee recommended
to City Council the Architect, a firm of professional architects specializing in
swim complex designs for municipalities; and
WHEREAS, City Council, on June 15, 1976, approved the recommenda-
tion of the Swimming Pool Architect Selection Committee and instructed City Staff
to prepare an agreement for architectural and consulting services with the Archi-
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I : Scope of Architectural Services
1. The Architect shall make every effort to include the mitigation
measures recommended in the approved Environmental Impact Report as a part of the
project.
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2. The Architect shall provide:
A. A conceptual development plan of the swim complex, together
with colored perspective rendering(s) suitable for use during oral
presentations, a topographic map and base map for the project based
on the City's legal description, and an estimate of probable costs
incorporating the following elements:
(1) Aquatic complex consisting of heated pool (s) , showers,
locker rooms, dressing rooms, restrooms, exercise room, admini-
strative offices and storage spaces;
(2) Off-street parking areas;
(3) General site development ;
(4) Tennis court area;
Plans and specifications for the construction of the community B.
swim complex in accordance with all building requirements including
those applicable to the construction of school buildings; said plans
and specifications shall include:
(1) Aquatic complex plans composed of architectural plans,
civil plans, structural plans, electr cal and mechanical plans;
(2) Parking lot-plans including, but not limited to, light-
ing, landscaped islands, pedestrian c rculation, paving and
striping ;
(3) General site development plans including landscaping,
irrigation, area lighting and walkways for pedestrian circula-
tion;
C. Coordination with governmental agencies including, but not
limited to:
(1) San Diego County Health Department;
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(2)
(3)
(4)
State of California, Office of the State Architect;
City of Carlsbad Staff and Pool Coordinating Committee;
Assist City Staff to make presentations to the City
Council and Carlsbad Unified School District Board, as required,
during design of the conceptual development plan;
D. Consultations in conjunction with construction including:
(1) Assist City Staff, as required, during the bidding
process ;
(2) Review of catalog cuts and shop drawings;
(3) One regular weekly meeting with City Staff to monitor
construction progress and assist City Staff to insure Contractor
meets State of California, Office of the State Architect re-
quirements;
(4) Assist City Staff with the fini!l inspecticn;
E. Reimbursable Works :
(I) Allowances shall be provided for the Architect to initi-
ate and coordinate the following reimbursable services subject
to the prior approval of the Public Works Administrator:
(a) Topographic Survey;
(b) Soils Investigation;
(c) Reproduction.
ARTICLE 11: Scope of City Staff Responsibilities
1. City Staff shall provide Architect with the following:
A.
f
Environmental Impact Report, legal description and plat of --
the community sdim complex site located at Carlsbad High School,
Joint Use Agreement, local utility plans and other information as
requested by Architect;
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B. Consul tations during preparation of the conceptual develop-
ment plan;
C. Coordination with other governmental agencies, except as,
noted in Article I, Section 2, Item C above.
ARTICLE I I I : Progress and Completion
1. The architectural services specified herein shall begin within
fifteen (15) days following the execution of this agreement and receipt in writing
of notice to proceed.
2. The conceptual development plan and cost estimate shall be com-
pleted within seventy-five (75) calendar days following notice to proceed.
3. The plans and specifications shall be completed within one
hundred twenty (120) days after approval of the conceptual development plan by the
City Council and subsequent notice to proceed.
4. Within fourteen (14) days following approval of plans and spec-i-
fications by City Council, Architect shall deliver to the City one (1) original set
of the specifications and one (1) reproducible set of the approved plans.
ARTICLE IV: C oinpe n s a ti on
1. Fees for providing architectural services as described in
Article I of this agreement shall be on.an hourly basis not to exceed the amounts
below:
A. Conceptual development plan , perspective renderings - $6,000;
B. Plans and specifications - $45,000;
C. Coordination with governmental agencies - $5,400;
D. Consultations in conjunction with construction - $4,500.
Payments for reimbursable expenses for the following items shall 2.
be on an actual cost basis:
A. Topographic survey - allow $3,000;
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B.
C. Reproduction - allow $500.
Soils investigation - allow $2,900;
ARTICLE V: Guaranteed Maximum Fee
1. The guaranteed total maximum fee for architectural services
shall be $60,900.
for architectural services associated with the project estimated to be in the
range of $700,000.
For purposes of this agreement, the aforementioned fee provides
2. If, as a result of the conceptual development plan process, the
scope of the project is significantly changed, the maximum fee may be subject to
renegotiation.
3. The maximum allowance for reimbursable expenses under this
agreement shall be $6,400. .
ARTICLE VI: Payment of Fees
1. Fees as set forth in P,rt.iLle IV shall be paid on an hourly basis
in accordance with the following schedule:
A. Principal in Charge - $45/hour;
B. Project Manager - $30/hour;
C. Designer - $20/hour;
D. Technical Staff .- $15/hour;
E. Clerical Staff- - $10/hour;
Monthly payments will be made at 95% of the monthly invoives based on the percentage
of completion. The remaining 5% shall be paid at the completion of the project.
ARTICLE VI1 : Architectural Personnel
_- 1. Personnel to be assigned to this project shall be:
A. Principal in Charge - Ken Kammeyer;
B.
C. Designer - as assigned;
Project Manager - Mike Lamar;
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D. Technical Staff - as assigned;
E. Clerical Staff - as assigned;
Replacement of the above-named personnel shall be subject to approval by the Public
Works Administrator.
ARTICLE VIII: Responsibility of the Architect
1. The Architect is employed to render a professional service only,
and any.payments made to him are compensation solely for such services as he may
render and recommendations he may make in the course of this project.
2. The Architect makes no warranty, either expressed or implied, as
to his findings, recommendations, or professional advice other than they were pro-
mulgated after following a practice usual to the architectural profession.
ARTICLE IX: Suspension of Services or Termination of Agreement
1. The City shall have the right to terminate this agreement and
. the work acne tinder it at any time without cause by giving the Architcct notice in
wri ti ng .
2. In the event of such suspension or termination, upon request
of the City, the Architect shall assemble the work product and put same in order
for proper filing and closing and deliver said product to City.
3. In the event of termination, the Architect shall be paid for
work performed to the termination date; however, the total shall not exceed the
guaranteed total maximum. City shall make the final determination as to the por-
tions of the tasks completed and the compensation to be made.
ARTICLE X: Status of the Architect
t _- 1. The Architect shall perform the services provided for herein
in his own way as an independent contractor and in pursuit of his independent call-
ing, and not as an employee of the City.
2. He shall be under control of the City only as to the result to
be accomplished and personnel or construction firms to be assigned to the project.
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The professional firms to be assigned to the project shall be subject to the ap-
proval of the Public Works Administrator.
ARTICLE XI: Conformity to Legal Requirements
1. The Architect shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State and local.
2. Architect shall provide the necessary copies of such drawings
and specifications, together with all necessary supporting documents, to be filed
with any agencies whose approval is necessary.
ARTICLE XII: Ownership of Documents
1. All plans, studies, sketches, drawings and specifications as
herein required are the property of the City whether the work for which they were
made be executed or not.
2. In the event this contract is terminated, all documents, plans,
specifications, and drawings of the project shall be delivered forthwith to the
City.
ARTICLE XIII: Hold Harmless Agreement
1. 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 to or
death of them caused by or resulting from or claimed to have been caused by or
resulting from any act or omission of Architect or his agents, employees, or
representatives.
2. Architect further agrees to indemnify and save free and harm-
less the City and its authorized agents, officers, and employees'against any of
the foregoing liabilities and claims therefore, and any cost and expense that is
incurred by the City on account of any claim therefor, including,clairns by reason
of alleged defects.in the plans and specifications.
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ARTICLE XIV: Assignment of Contract
1. The Architect shall not assign this agreement or any part
thereof or any monies due or to become due thereunder without the prior written
consent of the City.
ARTICLE XV: Subcontracting
1. The Architect shall not subcontract any of the work to be
formed under this agreement without written approval of the Public Works Adm
trator.
2. If subcontracting is approved, the Architect shall be ful
per-
nis-
Y
responsible to the City for the acts and omissions of his subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as he is
for the acts and omissions of .persons directly employed by him.
3. Nothing contained in this contract shall create any contractual
relationship between any subcontractor Gf the Architect and the City.
4. The Architect shall bind every subcontractor and every sub-
contractor of a subcontractor by the terms of this agreement applicable to his
work unless specifically noted to the contrary in the subcontract in question ap-
proved in writing by the City.
ARTICLE XVI: Prohibited Interest
1. 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 nego-
tiating, making, accepting, or approving of any architectural, engineering in-
spection, construction, or material supply contractor, or any subcontract in con-
nection with the construction of the project shall become directly or indirectly
interested personally in this agreement or in any part thereof.
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2. No officer, employee, architect, attorney, engineer, or in-
spector of or for the City who is authorized in such capacity and on behalf of
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the City to exercise any executive, supervisory, or other similar functions in
connection with the performance of this agreement shall become directly or indi-
rectly interested personally in this agreement or any part thereof.
ARTICLE XVII : Verbal Agreement or Conversation
1. No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during or after the the execution of this
agreement, shall affect or modify any of the terms or obligations herein con-
tained, nor such verbal agreement or conversation entitle the Architect to any
additional payment whatsoever under the terms of this agreement.
ARTICLE XVIII: Successors or Assigns
1. Subject to the provisions of Article XIV, 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 XIX: Effective Date
1. This contract shall be effective on and from the day and year
first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
ATTEST : CITY OF CARLSBAD
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APPROVED AS TO FORM: KAMMEYER, LYNCH & PARTNERS