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HomeMy WebLinkAbout1982-04-06; City Council; 6948; CONSULTANT AGREEMENT CHILDREN'S LIBRARY> - ,- n a w & a a Ir3: z 0 4 .. & $ z 3 0 0 ;J' CI~F CARLSBAD - AGEND~LL WD : AB#* TITLE: DEPT. I CONSULTANT AGREEMENT CITY A' MTG, 4/6/82 DEPT. ENG CHILDREN'S LIBRARY CITY M RECOMMENDED ACTION: Rdopt Resolution No. &J33 approving an agreement between the firm of Design Haus and the City providing for the design of a children's addition to the Library. ITEM EXPLANATION: As a part of 1982-83 Capital Improvement Program, Council authorized the design and construction of an addition to the children's library. A request for proposals was pre- pared and five firms were requested to submitted proposals Engineering staff as well as the Library staff evaluated the proposals and the following negotiating order was es- tablished: 1. Design Haus Architectural Associates, Inc. 2. Ruhnau, Evans and Ruhnau Associates 3. Neprune and Thomas Associates Negotiation and Contract Review with Design Haus eventuall. indicated that agreement with that firm could be reached for $11,500. This would provide for all contract, design, and engineering architectural services for the addition as well as For the provision for a future second story. F I SCAL I MPACT : ~- Funds in this amount are available in account #25-170-3124 EXH 1 BIT: -I_- A. Resolution No.U3 approving an agreement between the firm of Design Haus and the City providing for the design of a children's addition to the Library. -- B. Agreement for Architectural Services for the City Library addition. -/ -q 1 2 3 4 5 g 7 8 9 10 11 12 513 14 . 15 16 l'i" 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 6833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DESIGN HAUS, ARCHITECTURAL ASSOCIATES, INC. FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DESIGN OF AN ADDITION TO THE CHILDREN'S LIBRARY The City Council of the City of Carlsbad, California, does hereby re5 as follows: 1. That certain agreement between the City of Carlsbad and Design H; Architectural Associates, lnc. for preparation of Plans and Specification: the design for the children's addition to the Library, a copy of which is attached hereto and incorporated herein by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and direci to execute said agreement for.andon behalf of the City.of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci the City of Carlsbad held the 6Ch day of April , 1382, by following vote, to wit: AYES: Council Yders Packard, CasLer, Anear I T-mis and Kulchin NOES: None ABSENT : None /&GizzHdL&/d RONALD C. PACKARD, Mayor ATTEST: J4.!&JJL., ./ p$,ZJ> AGTHA L. RAUT~NKWN , ci ty ~1eZ7 (SEAL) ., -. , 9 2 3 4 5 6 8 a 10 %P 12 13 l4 .15 16 17 lE; 19 -_ 20 'I 22 .. 23 24 . ' 25 2G 27 2' . 0 0.. AGREEMENT BETNEEN DESTC;N IQJJS AND THE CITY FCARLSeAD FOR ARCHITECTURAL SERVICES FOR.THE CfTY LIBRARY ADDITION PHIS AGREEMENT, made and entered into as of the of corporation hereinafter referred to as llCif)ll, and . DESIGN HRUS a Consdtant , hereinafter referred to as "Consultant". - , 1982, by and between the CITY OF CARLSBAD, a municipa WITNESSETH: ----------- 7' WHEREAS, the City require.s 'the services of an architect firm to provide the necessary architectural services 'for an addition tc Children's Library; and WHEREAS, Consultant. possesses the necessary skills and .. fications to provide the se-rvices required by the City: NOW, THEREFORE, the parties hereunt.0 agree as Follows: ARTICLE I: SCOPE OF CONSULTANT SERV I CES The Consultant wi 11 perform the following tasks: . 1. Prepare plans and specifications for the library a( 2. Prepare and submit structural calculations necessai the addition and to provide fo; a second floor. 3. 4. Detail the necessary architectural, structural, ai Prepare and submit detailed cost estimates. ditioning, heating and ventilating plans. 5. All plans to be signed by a registered architect a . engineer. - 6. City's preliminary pl'an shall be utilized to guitlc 7. Consultant shall provide for coordination wit.h Cit both Engineering and Library. 8. Consul tsnt 'shal 1 subiiiir a set of- prel iininary skctc the City prior to proceccjing witti final cjcsign. .. 1 2 3 4 5 6 . '? 8 9 3.0 23. 22 13 I* 315 16 17 18 19 20 21 22 23 24 25 26 27 .. .. *4 0 e. - The final design package shall contain, as a m-iniinurn, th fol lowing items: .. 1. Complete quantity, structural, mechanical, air condi ing and ventilation calculations necessary for the design of the propose facilities. 2. A complete set of reproducible plans in accoedance v ' Ci-ty requirements. Drawings,shall be neat and legible with dimensions installations. be. clearly indicated. Type, quality and quantity of all materials required shi 3. Plans and specifications sha'll be certified as to CI ness and signed by a registered architect, civil engineer and/or struct eng i neer , and R. C , E. number prov i ded. 4.. The following items should appear on the final draw (This, 1 ist is .indicative, not exhaustive.): .. .. ' a. b. A plan of the library addition work. Utilities lines shall ,be shown with necessary rr ' . ca t i on s . c. d. Where structural items are to be used, a struct steel schedule shall be provided with dimensions and ql of a1 1 steel requi'red. Floor,&ll and ceiling. finish schedules. e. f. Modifications required for air conditioning. Any special methods of construction or materia - quired for construc.tion shall be clearly indicated. .. g. .Specif icntions shill 1 'be providcd, in conformance wi Rccent specifications wti 1 be available U Slgnature block f.dr the City Engincer. 5. ' Standards and' rcquircmcnts. .. .I 7 (1 LIC s t fo I^ g u i cl n nc c . -2- a 2 3 4 5 6 .. 8 9 10 11 12 13 14 15 1G 3-7 18 39 20 21 22 23 24 25 26 27 28 .. . 0 -0- . 6. 7. 8. Any necessary provision.s for staged construction. Final detailed construction cost estimate. Fifty copies of plans.and specifications for public: after final approvals. 9. All plans and specifications and submitted items sh; developed in a form satisfactory to the City. 7' IO. Certification by.a soils engineer shall be provided the stability of structures against failure; ARTICLE II: PROGRESS AND COMPLET 1 ON The work under this contract wi'll begin within 15 days receipt of notification to proceed by the City and be completed within months of that .date. Task ' Time. : Starting From Prel iminary Submittal 1 month Notice to Procee 2 months Approval of Prel Final Package Progress wi 11 be as' fqllows: .. Submi tta 1 . . Extensions of time may be granted if'requested by the & In consideration I: tant and agreed to in writing by the.City Engineer. requests, the City Engineer will give due allowance for documented and tiated unforeseeable and unavoidable delays not caused by a lack of for on the part of the Consultant, or delays.caused by City inaction or otl cies' lack of timety action. ARTICLE Ill: .FEES TO BE PAID TO CONSULTANT ' The lump sum fee payable .in installments accordirg to i IV shall be $11,500' . . No othe'r compensation for services will be except those i tcms covered by supplenknti.1 agreements per Art lcle Vi, in Work.' . .. PAYHEI4T OF FEES The consultant stla1 1 tjc cnt-i,tlc!l. td, recs in sccorr!;lnc(: P,RTICLE 1V: --- .. .. ,. 9 X 2 3 4 5 6 8 .. 9 -Eo 13. 22 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 .- .. -" ' . a.. .. 0 - the following schedule: Preliminary Submi-ttal - 15% of fee. Final Package - 80% of fee (this may be paid in installments: 40% at 50% conipletion and 40% at 100% coml One year or final construction - 5% of fee ARTICLE V: F I NAL SUBM.1 SS I ONS -Within '75 days of completion and approval of the final 7' age, the Consultant shali.deliver to the City the following items: I. suitably bound and on white paper. into each set of specifications. Fifty copies of the p'lans and specifications in a f A reduced set of drawings shall be .. 2. *Original mylars at scale of the drawings reproducit standard 24" by 36" sheets. 3. Afl final certifications and documents. CHANGES I t\i' \,!ORK: ---- ARTICLE VI: If, in the course of this contrace and design, changes merited by the Consultant or from the City and informal consultations \ other party indicate that a change in the conditions of the contract i: ranted, the Consultant or the City may request a change .in contract. ~ change shall be processGd by the City in the following manner: A lettc 1 ining the required changes shall be foiwarded to the City or. Consul tal inform them of the proposed changes along. with a statement of estimate( in cha,rgcs or time schedule. .After re.achiny mutual agreement on the p a suppleinental agreenient shall be prepared by the City and approved by City Counci 1. Such supplemental agreenient shall not render ineffect iv inval idate unaffected portions of' ?he agreement. Changes requiring iir action t;y tj~ Coi?sultant-'or City shall be ot-c!ered by the City Engineer infoi-m a pt-i ncipsl of thc Consul tsnt I.s Ti rm of thr: ncces'si ty of such ;I . ' 1 11. .. - I, - .. .. ,. 3. 2 3 4 5 6 7 8 9 lo: 11 l2 l3 14 l5 lG l7 l8 < 39 0 .' .. .. - .' and follow up with'a supplemental agreement. covering such work. ARTICLE VII: COVENANT AGAINST- CONT1 NGENT FEES The Consultant warrants that' he/she has not employed or tained any company or person, other than a bona fide employee working fc Consultant, ?-CJ sol icit or secure this agreement, and that Consultant ha: paid or agreed to pay any company or person, other than a b0na.fId.e emp .' any fee, cornmission, percentage, brokerage fee, gift, or any other cons tion contingent upon, or resulting from, the award or making this agree For breach or violation of this warranty,'the City shall have the. right annul this agreement without liability, or, in its discretion, to deduc .the agreement price or consideration,. or .. otherwise recover, the full ani ' .. ' of such fee, commission, percentage, brokerage fee, gift or contingent ARTICLE VI ! I : DESIGN STANDARDS The Consultant shall prepare the plans and specif icatic Appl icablc City c .'Carlsbad standards and regional standards shal i be used where appropri; Copies 'of such standards shall be obtained from the City of Carlsbad. ARTICLE IX: TERM1 NATf ON OF CONTRACT .. . accordance with .recognized current design practices,. In the event of the Consultant's failure to prosecute, 1 2 3 4 5 6 7 8 9 . 10 1% 12 13 14 35 lG I? 18 .,x' 20 21 '' '' 24 25 26 27 20 "I .. 0 e. 4 ARTICLE X: D I SPUTES If a dispute shou.Id arise regarding the performance of w under this agreement, the fol1owi.ng procedure shall be used to resolve a question of fact or interpretation not otherwise settled by agreement be parties'. Su;h questions, if they become identified as a part of a dispL among persons operating'under the provisions of this contract, shall be duced to writing by the principal of- the Consultant or the City Engineei copy of such documented dispute shall be forwarded to both parties invo along wlth recommended methods of resolution which would be of benefit parties. The City Engineer or principal receiving the letter shall rep the letter along with a recommended ine-thod .. of resolution within ten day the resolution thus obtained is unsatisfactory to the aggrieved party, outlifiing the dispute shall be forwarded to the City Council for their tion through t'he office of the City Manager. consider the directed solution to the problem. the City Council shall be binding upon ,the- parties involved, although in thi's procedure shall prohibit the parties sesking rempdies availabl at law. ARTICLE XI:' The City Council may ther In such cases, the act' .. RESPONS I B I I- IT\' OF THE CONSULTANT The Consultant is hired to render a professional servi and any payment made to Consultank are ,compensation sol'cly foi- such Sc Consultant may render and recoinmendations made in the course of this I Consultant shall ccrtify'as to the correctness of ail designs and - sigl R.C.E. numbcr a1 1 plans, speci.fications and estimates furnished. ARTICLE XI I : _I SUSPENS 1 ON OR TCRM I NAT I ON OF SERVI CES This agreement may be terminated .by eithcr.party upor1 iny 30 days' writt.cn notice to the other- party. fn -thc,evcnt of sucf sion or tc.t-miimtio11, upon request of the Ci,ty, the. Consultant sha1.l i -6- ; .' . 3 2 3 4 5 6 7 8 9 . 10 11 12 Is .x4 15 X6 17 18 ..l9 2o 2J 22 23 24 25 26 .: .. 27 28 0 e \ the work product and put same in order for proper filing and closing and liver said product to City.' In the event of termination, the Consultant be paid for work performed to th2,terinination date; however, the total SI not exceed the guaranteed total, maximum fee. The City shall make the fir determination as to the port'ions of tasks completed and the compensation be made. The City and Consultant agree to consider arbitration in the e of. a disagreement. ARTICLE XI I1 : STATUS OF THE CONSULTANT . ' .. The Consultant shall perform the services provided for f in his/her own way as an independent contractor and in pursuit of his/hc independent calling, and not as an employee of the City. Consultant sh; under control of the City only as to. the resuf t to be accompl i shed and . personnel assigned to the project, but shall: consult with the City as p for in the request for proposal. ARTICLE XIV: CONFORM i TY TO LEGAL REQU I REMEFITS . The Consultant shall cause.all drawings and spccificati conforh to all applicable requirements of law: Federal ,.State and locz sultant shall provide the neces'sary copies of such project drawings an( fications, iogether with all necessary supporting documents', to be fill any agencies whose approval is necessary. Building Permit fee shall be ARTICLE XV: OWNERSH I P OF DOCUMENTS I 1 All plans, studies, sketches, drawings, reports and Sp tions as herein required are the property of the City whether the work which they are made be executed or not. 'In the event'this contract i: nated, all documents, pians, specifications, drawings., reports and st1 slmll be, dcl ivered forthwith to the City: . - .I ' RiiliCtf' XVI: ti0 L D 1 i A R t+\ I_ E S S RG - RE E i4 E NT' 'rhc Cit.y, its agc~ts, officer? and .ctnployces shall. no -7 ." .. 1 2 3 4' 5 6 7' .. 8 9 10 ' 21 13, 13 14 15 16 17 18 19 20 21 22 23 2% 25 26 27 20 .. *$ e a. - liable for any claims, liabilities, penalties, fines, or any damage to 5 properties, or effects of any person whatever, nor for personal injuries death caused by, or resulting frolli, or claimed to have been caused by, ( resulting from, any act or omission of Consultant or Consultant's agent! employees or representatives. Consultant agrees to defend, indemnify at free and harmless the C,ity and its authorized agents, office&,. and emp against any of the foregoing liabilities or claims of any kind and any I and expense that is incut-red by the City on. account of any of the foreg liabilities, including liabilities or claims by reason of alleged defec any plans and specifications, unless the liability or claim is due, or' out of, solely to the City's negligence. ARTICLE XVI I: . ASSIGNMENT OF CONTRACT .. : ' .. The Consultant shall not assign thi:s contract or any pi thereof or any monies due thereunder without prior written consent of 1 ART t &LE XJf I I ! : SLJ6CONTR,~CT I t?G . . ' If the Consultant subcontracts any of the work to be pc under .this contract, Consultant shall be ful ly responsible to the City acts and omissions of Consultant's s'ubcontra.ctor and of the persons ei rectly or indfrectly employed by the subcontractor, as Consultant is f acts and omissi'ons of persons directly eniployed by Consultant. Nothin tained in thi's contract shall create any' contractual relationship bet\ subcontractor of Consultant and the City. The Consultant shall bind c subcontractor and every subcontractor -of a subcontractor by the terms contract appl icable to ConsuIt.ant's work unless specifically notid to trary in the subcontract in question approved in writing by the City. , PROH I B I TED No official of the City. yho is authorized in such cap bcIn1 f of t.hc City to negotiate, niattd, accept:, ot- approve, or' take PA INTEREST *- ARTlCl-E XIX: - - 8- 3- 3, 3 '4, 5 6 7 8 g .. lo 13- l2 l3 l4 ' l5 1-6 17 18 .I9 20 2' 22 ," 24 2G '' 2c1 .. 25 . e @-. . - .' negotiating, making, accepting, or approving of any architectural, engin Inspection, construction, or material supply contractor, or any subcontr in connection with the construction of the project, shall become direct1 indirectly interested personally in this contract or in any part thereof officer,. employee, architect, attorney, engineer, or inspector of or for City who is authorized in such capacity and on behalf of the'Ci-ty to ~XE . any executive, supervisory, or other .similar functions in connection wi performance of this contract shall become di'rectly or indirectly intere personally in this contract or any part thereof. ARTICLE XX: VERBAL AGREE!lENT OR CONVERSAT I ON . No verbal agreement or.conversation with any officer, a or employee of the City, either before, 'duripg, or after the execution contract, shail affect or modify any of the terms OF obligations hereiri tained nor such verbal agreement or conversation entjtle. the Consultant additional. payment vihatsoever under the terms of this .. contract. .'ARTICLE XXI: SUCCESSORS OR ASSIGIdS . Subject to the provisions of Article XVf, Hold Harmles: 1 rnent, all terms, conditions, and provisions .hereof shall inure to and ' 1 bind each of the parties hereto, and each of their respective heirs, e administrators, successors and assigns. ARTICLE XXI I : EFFECTIVE DATE .. Th.is contract shall be effective on and from the day E first a'bove written. ARTICLE XXI I I : - - CONFLl CT OF 1 NTEREST TII~ 'Consultant shail fli1c.a conflict bf interest ststc the Cit.y.Clerk bf t.he City of Carlsbad. Thc Consultant shall report ' in rcsI-~proper.ty anti interest in any business holdinj real propcrty i .. 1 City of Carlsbad. .. -9- . ; . . . .. .. . . '~ * 3. 2 3 4 5 6 8 7 9 10 , . 13. 12 13 14 .t 16 17 18 19 ' 20 2J 22 23 24 25 26 27 2a a ,e .. .* ARTICLE XXIV: COST REPORTIHG Any documentation or wr7tten report shall contain in a sep ate section the numbers and dollar .amounts of.all contracts,.and subcontrac relating to the preparation of the document or report unless less than $5, CITY OF CARLSBAD ,/b m+d DESXGW HAUS ' flJ2(&65?L.. ' .' FKC~LD c. PACYSRD, MAYOR ATTEST: j <-=-7?-- ./ I - a dL:A*r,%Am7 J.Xi$"/ +Ly ALETi-!A L. RAUTEKKRANZ, C IT'l' CLERK . APPROVED A TO FOd4 -- i _-. /- ,-'* 4, ...o J/J& / - :/24.7 L. - -/ .)[ __ - .. -$r'F I .Ly-HEI\dTS/CI-Ii<E +' AS51 STANT C-ITY ATTORNEY I. -10- .