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HomeMy WebLinkAbout1978-10-03; City Council; 910-15; Community Swim ComplexI I . CITY OF CARLSBAD Initial: AGENDA BILL NO. 910 - Supplement #15 Dept. Hd. e DATE : October 3, 1978 c. Atty. g@ C. Mgr. DEPARTMENT : Pub1 ic Works Subject : COMMUNITY SWIM COMPLEX CONSULTANT'S AGREEMENT AMENDMENT Statement of the Matter On September 20, 1977, the City Council adopted Resolution No. 5201 authorizing the Mayor to execute an agreement with Kammeyer Lynch & Partners, Inc. for the design of a community swim complex. The agreement provided a maximum fee of $60,900 based on a con- struction cost of $700,000. The architect has been instructed to proceed with the design of a project estimated to cost $1,200,000. On this basis, the architect has met with the Public Works staff to renegotiate the fee. Staff has tentatively agreed that the fee should be increased to $96,900 to provide compensation for the extra work involved in the increased scope of the project. As discussed with Council (Public Works Administrator's memo of August 28, 1978, Agenda Bill #910, Supplement #14) prior to their reaffirmation of the project on September 5, 1978, the architect's fees were based on a maximum construction figure of $700,000. .. Exh i bi ts 1. Letter from Kammeyer Lynch E Partners, Inc. dated September 7, 1978 2. Excerpts from agreement with Kammeyer Lynch E Partners, Inc. 3. Fee Comparison Summary 4. Resolution No. 55ySamending that certain agreement with Kammeyer Lynch & Partners, Inc. dated September 20, 1977.. Recommendation If Council concurs, adopt Resolution No.,Kg$/,, amending that certain agreement with Kammeyer Lynch E Partners for the design of a municipal swim complex. Council Action: 10-3-78 Council directed staff to renegotiate the fees with the architect and to return to Council with a further proposal. i September 7, 1978 Joe Spano City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 RECEIVED CEP 11 1978 .- Subject: Proposal for Architectural Services CIT~ OF CARLSBAD Based on Expanded Scope of Work Engineering Department kammefl' tyngchecartners inc ENVIRONMENTAL PLANNING * LANDSCAPE ARCHITECTURE Dear Joe: As requested by your office, Kammeyer Lynch & Partners has prepared an altered fee proposal for the Carlsbad Community Swim Complex based upon the expanded scope of the project (original estimated construction cost: approved estimated construction cost: Article V, Paragraph 2, Guaranteed Maximum Fee, of the current contract for archi tectural services. $700,000 - currently $1,200,000) , and in accordance with As you are aware, the expanded scope of the project represents a 70% increase in construction dollars. This will allow construction of the 50 meter "U" shaped pool which meets all programmatic requirements developed during the Pro- gramming and Concept Design Phases. approximately provided for the construction of the 25 yard "Z" pool listed as Alternate No. 2 in the program manual. The original $700,000 budget would have With the increase in the scope of the project follows a similar increase in the level of services provided by Kammeyer Lynch & Partners and its full design team. The plans and specifications are more voluminous, more comprehensive and detail a project of increased complexity and sophistication. The amount of coordination with your office and other governmental agencies (office of the State Architect, County Health Department, City Fire Dept., State Fire Marshall and the Carlsbad Unified School District) increases as the project expands as does the time re- quired for consul tations during construction. Based on our assessment of our internal manpower costs, external consultants' fees and other direct costs (reproduction) we propose the following increases to our current contract. 2070 BUSINESS CENTER DRIVE, SUITE 205 IRVINE, CALIFORNIA 92715 (714) 752-8161 Joe Spano City of Carl sbad September 7, 1978 Page Two Articles I and 11: No Changes Article I I I : Progress and Completion 1. No changes. 2. No Changes. 3. Change the terms 'lone hundred twenty (120)" to read "two hundred thirty (230)". (Note: This will provide for delivery of completed plans and specifications by November 6, 1978. They will at that time be ready for submittal for plan check by all applicable agencies.) 4. No Changes. Article IV: Compensation 1. A. No Change. B. C. Plans & Specifications - $77,000. Coordination with Governmental Agencies - $6,200. D. Consul tations in conjunction with construction - $7,700. 2. A. No Change. B. No Change. C. Change l'$SOO'l, to read "$1,500". Article V: Guaranteed Maximum Fee 1. Change '1$60,900" to read '1$96,900" and delete reference to "estimated project costs". 2. No Change. 3. Change 11$6,400" to read "7,400". Article VI: Article VII: Architectural Personnel 1. A. No Change. Payment of Fees - No Changes B. Change "Mike Lamar" to read "William John Warkentin". C. Change ''as assigned'' to read "Ronald Bartlo". D. No Change. 2070 BUSINESS CENTER DRIVE, SUITE 205 IRVINE, CALIFORNIA 92715 (714) 752-8161 Joe Spano City of Carl sbad September 7, 1978 Page Three E. No Change. Articles VI11 through XIX - No Changes. You will note that our total fee has increased approximately 60% which is a smaller increment than the increase in the total dollar volume of construction. This occurs due to economies of size and scale which render our fee imrease less than the increase in scope of work. I trust this letter proposal will suffice to explain the necessity for an in- crease in our total fees for services rendered. Should you have any further questions, please do not hesitate to call. Sincerely , John Warkentin, AIA Architect WJW/db 2070 BUSINESS CENTER DRIVE, SUITE 205 IRVINE, CALIFORNIA 92715 (714) 752-8161 ‘1 8. Consultations during preparation of the conceptual develop- ment plan; C. Coord'ination with other governmental agencies, except as' noted .in Article I, Section 2, Itern C above. ARTICLE 111: Progress and Completion .- I. The architectural services specified herein shall begin within fifieen (15) days following the executior! of this agrezrnent and receipt in writikj of notice to proceed. .. 2. The conceptual developnient plan and cost estimate shall be coil:- pleted within sevcnty-fi:-e (75) calendar days following notice to proc~:ed. 3. Thc plans and specifications shall be cot!.?leted within oiit-1 hundred twenty (120) days after approval of the conceptual development plan by the City Council and subsequent notice to proceed. Idith-in fourteen (14) days following approval of plans and speci- 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. 4. ARTICLE IV: Compensation 7. Fees for providing architectural services as described in Article I of this agreement shall be on an hourly basis not to exceed the amounts bel ow : .c A. Conceptual development plan, perspective renderings - $6,COO; 6. Plans and specifications - $45,000; C. Coordination wikh governmental agencies - $5,400; .D. Consul tations in conjunction with construction - $4,500. Payments for reimbursable expenses for the following i tellis shsll -< - 2. be on an actual cost basis: A. Topographic survey - allow $3,000; - 4- ARTICLE V: B. Soils investi,gation - allow $2,900; C. Reproduction .- allow $500. . ' Guaranteed -- I4aximuni Fee I. The guaranteed total maximum fee for archi tcctural services shall be $60,900. For architccturcLl services assoi.iated with the project estimated to be in the Foi purposes of this agreeinen t , the aforementioned fee provides rangc of $700,000. ..' 2. If, as a result of the conceptual development plan process, the scope of the project is significantly changed, the maximum fee ma;/ he subject to 1. Fees as set-forth in Article 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; I4onthly payments will be made at 95% of the rnonthly invoives based on the pcrcentage of conipletion. ARTICLE VTI: Architectural -- Personnel _--~ The remaining 5% shall be paid at the completion of the project. I. Personnel to be assigned to this project shall be: A. Principal in Charge - Ken Kamnieycr; B. C. Designer - as assigned; Project Manager - Clike tanyr; -5- . D. Technical Staff - as assigned; E. Clerical Staff - as assigned; Replacement of the above-named personnel shall be subject to approval by the Pub1 ic - No 1-1: s kimi n i s t ra tor . ARTICLE VIII: Responsibility - of the Arch-itect -- 1. The Architect is employed to render a professional service only, and any payments made to him are compensation solely for such services as hr may render and recommendations he may make in the course of this project. The Architect makes no warranty, either expressed or implied, as 2. to his findings, recomincndations, or professional advice other than they \.!ere pro- rnulg~tud aftcr follo,\iincj a practice usual to the 2rch5icctirrill proft.:sioii. ARTICLE IX: Suspension of Services or Termination of Agrement 1. The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Architect notice in wri t-i ng. 2. In the event of such suspension or termination, upon request of the City, tt;e Architect shall assemble the work product an.d put same in order for. proper filirig arid closing and deliver said product to City. 3. In the event of tgriilinatiotl, the Architect shall be paid for work performed to thc terinination date; however, the total shall not exceed the guaranteed total max-imum. + City shall make the final deterinination as to the por- . 'tions of the tasks conipleted and the compensation to be made. ARTICLE X: Status of the P,r_chitect 7. The Architect shall perform the services provided for herein in his own way as an indepcndent contractor and in pursuit of his independent call- ing, and not as an ciriployce of the City. 2. He shall be under control of the City only as to the result to be accomplished and personnel or construction firins to be assigried to the project. - 6- MUNICIPAL SWIM COMPLEX FEE COMPARISON CONSTRUCTION COST ESTIMATE Conceptual Development Plan Plans and Specifications Coordination with Government Agencies Construct ion Consul tat ion MAXIMUM ARCHITECTURAL FEE Reimbursable Expenses MAXIMUM TOTAL FEE $700 , 000 Under Present Agreement $ 6,000 45 , 000 5 , 400 4.500 $1,200,000 Under Amended Agreement $ 6,000 77,000 6,200 7.700 $60,900 6,400 $ 96,900 7.400 $67,300 $104,300 Exhibit 3 1 2 3 4 5 E 7 E 5 l( 23 1; 1: 11 l! 1( 1' 1; 1' 21 2 2 2 2 2 2 2 2 RESOLUTION NO. 5545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KAMMEYER LYNCH Cj PARTNERS, INC. FOR THE DESIGN OF THE COMMUNITY SWIM COMPLEX AND BE IT RESOLVED by the City Council of the City of Carlsbad, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT alifornia, as follows: 1. That certain amendment to the agreement between the City f Carlsbad and Kammeyer Lynch 6 Partners, Inc. for design of the ommunity swim complex, a copy of which is attached hereto, marked xhibit "A" and incorporated herein by reference, is hereby ap- roved. 2. That the Mayor of the City of Carlsbad is hereby author- zed and directed to execute said amendment for and on behalf of .he City of Carlsbad. an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the :ity Council of the City of Carlsbad held the 24th day of October , 1978, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis and Councilwoman Casler NOES : None ABSENT: Councilman Anear 4 ATTEST : (SEAL) E XH I BIT "A" AMENDMENT TO THE AGREEMENT FOR ARCHITECTURAL SERVICES CARLSBAD , CALIFORNIA \ FOR A COMMUNITY SWIM COMPLEX IN THE CITY OF i, THE AGREEMENT for Architectural Services for a Community Swim Complex in the Ci'cy of Carlsbad, California, dated September 20, 1977, consists of nineteen articleswhich are to remain in full force and effect except as amended herein. AMENDMENTS ARTICLE I I I : Progress and 'Gpmpletion 1. No change. \\ 2. No change. 3. \ Change "one hundred twenty (120) days" to read "two hundred thirty (230) days". ARTICLE IV: Compensation 1. A. No change. B. Plans and specifications - $77,000; '\ \< C. Coordination with governme \ tal agencies - $6,700; D. Consultations in conjunction kith construction - $7,700. 2. A. No change. B. No change. C. Reproduction - ARTICLE V: Guaranteed Maximum Fee allow $1,500. \ '\ 1. Change "$60,900" to read "$96,900" and delete re'ference to estimated project costs. 2. No change. 3. Change 1'$6,400" to read "$7,400". ARTICLE VI I : Architectural Personnel 1. A. No change. B. Change "Mike Lamar" to read "William John Warkentin". C. D. No change. Change "as assigned" to read "Ronald Bartlo". \i Ih,WITNESS WHEREOF, we have hereunto set our hands and seals I \ this day of '\ 1978. \\, %'., ATTEST: \..> ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD RONALD C. PACKARD, Mayor KAMMEYER LYNCH & PARTNERSy INC. \ BY: '.