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HomeMy WebLinkAbout1982-10-12; City Council; 7178; Consultant Agreement Architectural/Engineering Services City Operations CenterOF CARLSBAD - AGENDA JILL AR* V/7<f" MTG. 10/12/82 DEPT. DS TITLE: CONSULTANT AGREEMENT FOR ARCHITECTURAL/ ENGINEERING SERVICES FOR CITY OPERATIONS CENTER DEPT. HD. K CITY ATTY CITY MGR^2_2_' 4J O c OO 0•U tn § -H •4Jido•H g c0) oU0)n -p(/) no Or- fiO 8 04CO 04 rH O§ _J o OO RECOMMENDED ACTION: Adopt Resolution No. 7033 approving agreement between the City of Carlsbad and H. Wendell Mounce, A.I.A. & Associates, an architectural firm, for architectural/ engineering services for the City Operations Center. ITEM EXPLANATION: The City wishes to develop a 26+ acre site in the vicinity of Palomar Airport Road and El Camino Real as a City Operations Center to meet the administrative and operational needs of several city departments. Sixteen applicants initially expressed an interest in the project. This group was reduced to six after a committee review of qualifications. These six submitted proposals and H. Wendell Mounce, A.I.A. & Associates was selected by a second review committee. Negotiations of terms has resulted in the attached agreement. The agreement specifies that the architectural services are divided into three elements with completion times and costs: Element I Program Development A. Program B. Conceptual Design 5 months $140,000 2 months 3 months $ 37,500 $102,500 ow <u-M Irfl rH•HU C Element II Design A. Completion Schematic Design B. Design Development Element III Construction Time as 1 months 3 months 4 months Required A. Construction Contract Documents B. Bidding and Agency Approval C. Construction * Cost is a specified percentage of city approved construction cost estimate. Specific approval by the city council or city manager is required before work may be started on each of the elements. The contract may be cancelled at each of those points. The agreement provides the opportunity for the city, at its expense, to -include professional liability insurance for errors and omissions in the amounts of not less than $1,000,000 for the architect and his structural, electrical and mechanical engineers. This coverage will be in effect during the period of the construction and for three years thereafter. The architect will also have, at no additional expense, at least $500,000 comprehensive general liability, $100,OOO/ $300,000 personal injury and $50,000 property damage insurance coverage. PAGE 2 of AB# FISCAL IMPACT: There is $105,451 in the General Capital Construction account (30-18-10-3006) and $860,000 in the Revenue Sharing account (14-18-10-3006) for a current total of $965,451 allocated for the project. Element I cost is $140,000. Elements II and III cost is a specified percentage of city approved construction cost estimate. The optional errors and omissions insurance will cost $34,146 for a three-year policy ($10,000 deductible). EXHIBITS ; 1. Resolution No. 2. Agreement between the city and H. Wendell Mounce, A. I. A. & Associates. 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 28 RESOLUTION NO, ' 7032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND H. WENDELL MOUNCE, A.I.A. & ASSOCIATES FOR ARCHITECTURAL/ENGINEERING SERVICES FOR CITY OPERATIONS CENTER. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and H. Wendell Mounce, A.I.A. & Associates for architectural/ engineering services for the City Operations Center, a copy of which is attached 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 by the City Council of the City adjourned IO+.T,of Carlsbad at a/regular meeting held on the -i^tn day of October , 1982, by the following vote, to wit: AYES: Council Members Casler, Lewis, Chick, Kulchin and Anear NOES: ABSENT: J. MARY H.yCASLER, MAYOR ATTEST: . ALETHA L. RAUTENKRANZ, CITY CLERK ..(SEAL) RICHARD L. NARVER INC. Insurance POST OFFICE BOX 1544 • SOUTH PASADENA. CALIFORNIA 91030 • TELEPHONE: (213)682-3332 . (213) 799-S797 September 20, 1982 Mr. Wendell Mounce H. Wendell Mounce AIA & Associates 3436 N. Verdugo Road Glendale, CA 91208 Re: City of Carlsbad - Liability Insurance Dear Mr. Mounce: Per my letter of September 13, 1982, Design Professionals Insurance Co. will underwrite a project policy for the City of Carlsbad job. The policy would cover $1,000,000 Professional Liability and also $1,000,000 Comprehensive General Liability. The policy would cover H. Wendell Mounce AIA & Associates, Brandow & Johnson Associates, J. D. Crevier Associates and Kelly-Stewart- Goldstein for three years during design/construction and a three year discovery period. The premium for this policy with a $5,000 deduct- ible on the professional ^liability is $37,462. and for a $10,000 deductible the premium is $34,146. As I understand, this premium can be paid in three installments. The policy would probably be issued about two months prior to the drawings going out for bid in Element #3 Phase. If you have any questions pertaining to the above information, please let me know. Sincerely yours, RICARD L. NARVER, INC. RICHARD L. NARVER RLN:psb RICHARD L. NARVER INC. Insurance POST OFFICE BOX 1544 • SOUTH PASADENA, CALIFORNIA 91030 • TELEPHONE: (213) 682-3332 • (213) 799-8797 October 6, 1982. Mr. Jack Berry H. Wendell Mounce AIA & Associates 3436 N. Verdugo Road Glendale, California 91208 Re: Insurance - City of Carlsbad Project Dear Mr. Berry: The insurance premium for the policy to cover the City of Carlsbad Poject is good for 60 days. In order to hold the premium, the company requires 25% of the total premium for the policy. Should the Project go longer than the three years during Design and Construction, the additional premium can be negotiated. The premium for the three year Discovery Period would remain the same. At the present time, the premium for H. Wndell Mounce AIA & Associates Professional Liability policy is 1% of the firm's gross income. If you have any further questions, please call. Sincerely yours, RICHARD L. NARVER RLN/gh DRAFT 10/6/82 AGREEMENT Architectural/Engineering Services for City Operations Center Carlsbad, California THIS AGREEMENT, made and entered into as of the day , 198 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and H. WENDELL MOUNCE, A.I.A. AND ASSOCIATES, an Architectural Firm hereinafter referred to as "Architect". DEFINITIONS Wherever used in this agreement, the following definitions shall apply: CONSTUCTION COST ESTIMATE - The efforts of a professional cost estimator to determine actual cost of constructing a project. The estimator's effort shall use all information available to the architect to determine the exact size and nature of the project as *•' well as the most current area, volume or other unit cost. PHASING PROGRAM - Identification of the location, size and function of the building or buildings and other facilities which comprise the City Operations Center at the various stages of its ultimate development, as may be necessary to meet the City's service needs at each of the several population figures to be determined in the Programming portion of Element I of this Agreement. PRELIMINARY SCHEMATIC DESIGN - Those single line floor plans, section drawings and other sketches as are necessary to depict the necessary site work, the placement of the building or buildings and other facilities proposed for the site, their massing, scale, relationship, function and architectural theme. PROJECT(S) - That building(s) or facility or element of site work or any combination thereof which is part of the approved Phasing Program, which has been identified as appropriately completed by a single construction contract and which leads to the completion of each phase of the approved Phasing Program. SCHEMATIC DESIGN - Those floor plans, sections, building elevations, site plans and other drawings that are necessary to accurately depict the project or projects which comprise the approved phase or phases of the ultimate project and which are sufficiently detailed to allow for the analysis of the efficiency of the project(s) work functions performed by the operational departments occupying the City Operations Center. SITE DEVELOPMENT PLAN - Those drawings and documents which identify the phasing and utilization of the site, buildings, and facilities which are necessary to meet the maximum operational needs of the City. »- The Site Development Plan shall include site access, circulation, parking, drainage, security, utility location, energy consideration, placement and configuration of buildings as well as functional relationship of buildings and facilities. RECITALS 1) The City wishes to develop a 26 + acre site as a City Operations Center to meet the administrative and operational needs of the Police, Fire, Maintenance, Parks and Recreation, Purchasing and Utilities Departments. 2) The City may wish to consider the additional work necessary to provide for the expansion of any of the facilities on the site to provide service to other governmental agencies. 3) The proposed City Operations Center may be developed in phases as necessary to meet the anticipated growth needs of the City. Present population is approximately 36,000, build-out population is estimated to be 160,000. 4) The proposed project or any of its phases may be developed as one or more buildings as necessary to meet the operational or fiscal needs of the City. 5) The City requires the services of an architectural consulting firm to provide the necessary planning and architectural services for the City Operations Center. 6} The City proposes to-retain responsibility for administration of the actual construction of the City Operations Center but wishes to use the services of an architectural consulting firm in an »*"advisory capacity. 7) The Architect possesses the necessary skills and qualifications to provide the services required by the City. NOW, THEREFORE, the parties agree as followst ARTICLE I SERVICES TO BE PERFORMED BY THE ARCHITECT For the purposes of this contract the Architect's services for the City Operations project shall be divided in three principal parts, hereinafter referred to as "Elements", entitled as follows: ELEMENT I: DEVELOPMENT PROGRAM (Site Development Plan) ELEMENT II: DESIGN ELEMENT III: CONSTRUCTION The services to be provided by the Architect in the Elements are as follows: ELEMENT I: DEVELOPMENT PROGRAM (Site Development Plan) A. PROGRAMMING: Review all existing program information including but not limited to: SUA Report City Manager's Recommended Building Plan Sedway/Cooke Interim Growth Plan Recommendations to Capital Improvement Plan (Police) Enviromental Impact Plan Geotechnical Report Miscellaneous Reports Architect shall interview City Council members, City Management and the Department heads and^designated staff of the departments that will use the City Operations Center and shall design the facilities to meet the needs of users interviewed. A written record of these interviews shall' be made and forwarded to the City within ten days. In addition, such information shall be bound in a folder and submitted as background data with the final program submittal. After the Architect has completed information collection and review, the Architect shall confer with the City to assure that the requirements are clearly understood. The Architect shall inform City staff if additional information is needed to clarify project requirements. Architect shall submit a written program identifying space needs and project scope. Initial recommendations for shared facilities and (phasing shall be included. The written program ahall be reviewed and approved by the City Manager prior to commencement of conceptual design. B. CONCEPTUAL DESIGN: Plan Concepts Based on the approved Program, at least three different plan concepts for the Site Development Plan shall be presented. These plan concepts shall include an outline of site access, circulation, parking, utility services, site drainage considerations, radio systems and security, as well as the placement and configuration of buildings and other facilities. Energy conservation measures shall be considered in the development of the plan concepts. From the concepts presented, the City Manager shall approve up to three for further development. Preliminary schematic building plans shall be prepared, including phasing plans for project build-out to permit evaluation of the »*" selected plan concepts. Construction cost estimates shall be provided for each plan concept. • Each Plan concept shall address the following matters: 1. The services which should be located on the site. ; 2. The facilities that are needed to house and provide these identified services in an effective manner. Facilities which should be considered for location on the site include: a. Law Enforcement Services Facility b. Maintenance and Utilities Center c. Equipment Storage Areas d. Parks Yard e. Fire Station and Administrative Offices f. Purchasing Warehouse and Storage Areas g. Dispatch Center h. Emergency Communication Center 3. The facilities that can be shared by the various users, i.e., fuel docks, vehicle maintenance, storage, lunch room, locker - rooms, etc. 4. Facilities, in addition to those listed in item 1, which are desirable or optional on the site; for example: a. Physical Training Area b. Cafeteria c. Classrooms d. Conference Areas e. Fire Training Area f. Print Shop g. Heliport »-' h. Records Storage i. Energy Conservation Measurers j. Fire Arms Range k. Mail Center ; 1. Microfilm Center 5. The amount of land required for the identified facilities shown by a schematic layout of the project. 6. Facilities proposed for inclusion in each plan concept shall be identified as to their need to be included to meet a high, mid-range or minimal level of services. 7. Conceptual design "of user departments, radio systems. dispatch center and emergency communications center. 8. An overall architectural theme to integrate all facilities. 9. A phasing program to identify those facilities that will be required at specified levels of population including a development timetable which is related to population growth. The specified levels of population shall be proposed by the Architect and approved by the City Manager. Final Site Development Plan Following review by the City Council of the selected plan concepts, one planf possibly with variations, shall be selected by the Council to be developed as the Final Site Development Plan. This plan shall serve as the ultimate utilization and phasing plan for site completion based on build-out population. Preliminary Schematic Design drawings shall be prepared for the i selected plan. A Construction Cost Estimate for the final Site Development Plan *•' shall be provided. The Architect shall submit the following documents at the completion of Element I: One copy of each final drawing prepared for presentation at end of Conceptual Design Program; and - Fifteen bound copies in 8 1/2* x 11" or other suitable standard format of final drawings, reduced as required, and other presentation documents, including a current Construction Cost Estimate, phasing schedules, and any written material necessary to aid in the explanation of the * Site Development Plan. - A perspective drawing of the overall Site Development Plan. Reproduction and printing costs are a reimbursable expense as provided in Article V-B. The Final Site Development Plan and Preliminary Schematic Design Drawings shall be submitted to the City Council for review and approval. ELEMENT II: DESIGN After completion of Element I, the Architect may be directed to proceed with Element II: Design. The decision to exercise the option of including interior design services as part of this agreement shall be made at the same time as authorization is given to proceed with Element II. The City may require that these and subsequent services by the Architect be provided in phases for individual construction projects. > Element II shall consist of the following: A. SCHEMATIC DESIGN FOR INDIVIDUAL PROJECTS; Based on the approved Final Site Development Plan, Preliminary Schematic Design and Construction Cost Estimates prepared in Element I, the Architect, when authorized by the City Council shall prepare the final Schematic Design for individual projects. The drawings shall include project site plan, floor plans, sections and building elevations. .Architect shall submit to the City a revised Construction Cost Estimate taking into account minor program or design changes, and changes in estimated construction costs since the completion of Element I. Schematic Design for the project(s) shall be submitted to the City Manager for review and approval. B. DESIGN DEVELOPMENT; Based on the approved final Schematic Design together with any adjustments authorized by the City Manager in the program or project budget, the Architect shall prepare design development documents for City approval. These documents shall consist of drawings and other materials as may be necessary to adequately describe the size and design of the project's architectural, structural, mechanical and electrical systems, interiors (if option exercised), landscaping and such other elements as may be appropriate to define the project(s). Drawings shall include site plan, floor plan, sections, elevations, sketches and other drawings necessary to describe the project. Drawings shall indicate locations of doors, windows, •w cabinets, plumbing fixtures, built in equipment and furnishings (if interiors option exercised) and special features. Outline specifications describing in general the building's structural, mechanical, electrical, communications systems, and materials to be provided. The Architect shall provide to the City a revised Construction Cost Estimate. The Architect shall submit the following documents at the - completion of Element II: - One copy of each final drawing prepared for presentation at the end of Design Development; and Fifteen bound copies in 8 1/2" x 11" or other suitable * » standard format of the final drawings, reduced as required, and other presentation documents, including the Construction Cost Estimate and any material deemed by the Architect to be necessary to aid in the explanation of the design of individual project(s). Reproduction and printing costs are a reimbursable expense as provided in Article V-B. Design Development drawings, the revised Construction Cost Estimate and other necessary material shall be submitted to the City Manager for review and approval prior to his authorization to commence Element III. C. ARCHITECT DUTIES; The Architect shall do the following in performing the duties under Element II: 1. Consult with City staff - City Manager, Assistant City Manager/Developmental Services, City Engineer, Building Official or their designee and the user-department personnel. 2.' Submit schematic and design development drawings for each phase before proceeding with the next phase. 3. Include solar heating and energy consumption reducing measures. 4. Use standards for design of the police facility which are approved by the Police Chief and which are in conformance with applicable codes. 5. If authorized by the City, provide interior design furnishings, including graphics as part of design packages. 10 ELEMENT III. CONSTRUCTION Element III consists of the following: A. CONSTRUCTION CONTRACT DOCUMENTS: After completion of Element II for any Project(s), the Architect may be directed to prepare Construction Contract Documents for the Project(s). The Contract Documents Phase shall consist of the preparation of drawings and specifications setting forth in detail the requirements for the construction of the Project (s), and such items as technical specifications and revised Construction Cost Estimates which will keep the Project(s) current with market and industry trends. The Architect shall submit the following at the completion of Element III A, Construction Documents: One (1) complete set of drawings on mylar film, and one (1) set of reproducible specifications. 4f Two (2) copies of specifications with a complete set of plans reduced to 8 1/2" x 11" format bound in each set of specifications. - Plans and Specifications shall be reviewed by the City Staff and submitted to the City Council for approval. - Reproduction and printing costs are a reimbursable expense as provided in Article V-B. B. BIDDING OR NEGOTIATIONS: ' The Bidding or Negotiation Phase shall consist of such documents and information which will assist the City in the preparation of the bid package. The Architect shall provide assistance throughout the bidding process by answering questions , preparing addenda as needed , and making clarifications in specifications, drawings or details as required. The City shall open, review, and award the successful bid. The Architect shall provide assistance in reviewing bids, evaluating proposals and selecting the successful bidder, with the understanding that final selection of the successful bidder shall remain with the City. Since neither the City or the Architect have any control over the cost of labor, materials or equipment, or over the > contractor's methods of determining bid prices, or over competitive bidding or market conditions, the Architect cannot, and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by the Architect. C. CONSTRUCTION: The Construction Phase shall consist of the Architect performing duties and providing services as follows: 1. During the period of construction, at the request of the City, and without charge to the City, the Architect shall furnish such drawings and written memoranda as are necessary to clarify the intent of the original drawings and specifications, or to correct omissions therefrom, and shall check and approve all shop drawings and 1 9 technical data submitted by the contractor, indicating thereon all errors, omissions and deviations from the working drawings and any required corrections. 2. Immediately upon award of a construction contract, the Architect shall secure from the Contractor a construction progress schedule designed to insure completion of the entire project within the specified time limits, and shall perform all other services necessary to the start of construction, such as the checking and approval of any shop drawings of subcontractors and materials to be used by the Contractor. 3. During construction, the Architect shall provide consultation and advice and shall make sufficient visits to the job site to keep thoroughly familiar with construction progress, to advise the Contractor and the City's inspectors with respect to job problems, and to recommend progress payments to be made to the Contractor. The Architect shall notify the City representative of impending visits to the site. 4. At the time of completion of construction, the Architect and its engineers shall make a written report to the City that, to the best of the Architect's knowledge, the true intent of the plans, specifications and approved change orders have been fulfilled, and the specified materials and quality of workmanship have been used throughout the building. 5. The Architect shall advise the City in the administration of the construction work. The Architect will be the City's advisor during construction and until final payment. The Architect will have authority to act on behalf of the City to the extent provided in the Contract Documents, unless otherwise modified by written instrument a copy of which shall be given to the Contractor. The Architect will advise and consult with the City. On the basis of his on-site observations as an architect, he will endeavor to guard the City against defects and deficiences in the work of the Contractor. The Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. The Architect does not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work, for the acts, errors or ommissions of the Contractor, Subcontractors, or any of their agents; or any other persons performing the work, upon the Project or site; or for the failure of any of them to carry out the work in accordance with the Contract Documents, including but not necessarily limited to, materials, plans, drawings, tracings and specifications provided by the Architect. 6. The City will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. The Architect shall assist the City in interpreting the Contract Documents. The Architect will, within a reasonable time, render such interpretations as the Architect may deem necessary for the proper execution or progress of the work. The City shall follow the architect's decisions in matters relating to artistic effect, if consistent with the intent of the Contract Documents. In any disputes which may arise between any Contractor employed on the project and the City, should the Architect be required to render opinions or make determinations affecting rights of either parties to the dispute, it is understood that the Architect shall exercise his impartial judgment when interpreting conditions and performance in conformance with the standards of his profession. 7. The Architect shall advise the City with regard to any work which does not conform to the Contract Documents. Whenever, in his reasonable professional opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he shall advise the City to obtain special inspection or testing of the work whether or not such work be then fabricated, installed or completed. However, neither the Architect's authority to act under this subparagraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor, Subcontractor, any of their agents or employees, or any other person performing any of the work. Should the Architect become aware of any situation i s where, in his professional opinion, it would be to the best interests of the City to stop the progress of the work, he shall promptly communicate the facts and his recommendation to the City representative. 8. The Architect shall review shop drawings and samples presented by the Contractor. 9. During Element III, the Architect shall provide final design, specifications, bid analysis and assistance during the installation of the City Operations Center radio system; final design coordination and assistance during construction of the Dispatch and Emergency Communications Center. 10. The Architect may recommend changes in the work in the best interests of the City. The Architect shall prepare Change Orders for the City's approval and execution as required. Change Orders which involve a change in the scope of the Development Program or previously approved Design or Construction Documents shall be prepared only upon approval of the City and in accordance with Article VI herein. 11. The Architect shall at all times have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work. 12. The Architect shall receive and submit to the City representative written guarantees and related documents » assembled by the Contractor and shall advise the City 16 representative as to the final progress payment to the Contractor. ARTICLE II SERVICES TO BE PERFORMED BY THE CITY A. The City shall have prepared and deliver to the Architect, current topographical and soils surveys, photos of the site, grading plans, street elevation plans, plans of sewer, water, electrical and gas lines as may exist on the site and surrounding areas, and other information included on Exhibit "a"t\ « B. Council Members, City Management and Department Heads of proposed user departments will make time and personnel available for preliminary consultation in conformance with Element I-A. C. The City shall provide a mylar of the aerial survey of the site. D. The City shall provide personnel and equipment needs for »* - specified levels of population to aid the Architect in preparing the phasing program. E. The City shall furnish the services of a soil engineer. Services shall include test borings, test pits, soil bearing values, and other information needed for evaluating the site for structural purposes. Tests shall be made in areas and at frequencies requested by the Architect. Services shall also include written reports and professional recommendations. F. The City shall ensure compliance with all applicable environmental review laws. 'G. The City shall prepare and publish all notices, proposals, 17 and invitations for bids. H. The City shall prepare and publish all contract documents, other than plans, technical specifications, cost estimates, and other matters to be prepared by the Architect under the provisions of Article I herein. I. The City shall provide general administration of the Construction Contract, and shall assign a full time representative to the project, who shall be responsible for .daily on-site supervision of the construction. J. The City shall provide timely review and response required at the various stages of approval required in Article I. ARTICLE III PROGRESS AND COMPLETION The Architect shall begin work on each Element within 15 calendar days after receipt of written Notice to Proceed by the City, and be complete with each portiort within the periods specified below: 1. For the entire Site Development Plan. ("Build Out") Element I *- A. Program 2 months 'B. Conceptual Design 3. months Total Element I 5 months 2. For the initial Construction Project(s), the scope of which is mutually agreed upon by the City and the Architect: Element II A. Completion Schematic Design 3 months B. Design Development A months Total Element II 7 months Element III* » A. Construction Documents Determined by scope of Project. Schedule to be mutually agreed upon by City and Architect prior to proceeding with Construction Documents. B. Bidding and Agency Approval: as required C. Construction: Determined by the scope of the Project. For subsequent Project(s) which the City may select, through completion of the Site Development Plan ("Build Out"): Element II and III shall be completed within the periods mutually agreed upon by the City and the Architect. Extensions of time may be granted if requested by the Architect and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack- of foresight on the part of the Architect, or delays caused by City inaction or other agencies' lack of timely > action. If the City does not act upon the approval and adoption of each of »• the following sub elements within fifteen (15) working days after \ . - • being submitted by the Architect, there shall be due and payable to the Architect within forty five (45) additional days, for a total of sixty (60) days, corresponding payments on the fee, as set forth in Article IV and V plus the amounts, if any, still due the Architect for extra services as provided in Article Vlt Element I Program Development A. Program B. Conceptual Design Element II Design A. Completion Schematic Design 1 B. Design Development Element III Construction A. Construction Contract Documents ARTICLE IV ARCHITECT'S FEE Subject to tSose increases provided in Article VI herein, the Architect's fee shall be: For the services described in Element I: Developmental Program A. Program $ 37,500.00 B. Conceptual Design $102,500.00 Total Fee for Element I $140,000.00 For the services described in Element II: Design, and Element III: Construction. A percentage of the most recent Construction Cost Estimate prepared by the Archi-tect and agreed to by the City Manager, for such portions of the Project as follows: »" Type of Facilities or Service Element II Element III Total Total Police and Fire Facilities 2.25% 6.25% Maintenance Facilities 1.4 % 4.0 % Public and Office Facilities 2.0 % 5.25% Interiors for any type facility 3.0 % . 7.8 % (as a percentage of interiors cost only) (If authorized by the City Manager) To assist in the analysis of payment requests, the Architects services are further broken down as follows: Element II Design • 20 A. Completing Schematic Design: 20% of Element II B. Design Development 80% of Element II Element III Construction A. Construction Documents 62% of Element III B. Bidding 8% of Element III C. Construction Administration 30% of Element III Upon completion of Element II: Design, at the option of the City, the Architect's Fee for Element III: Construction may be converted to a lump sum amount based on the Construction Cost Estimate and the 'percentages provided for herein. •x The Architect anticipates employing the following Consultants in providing the services described in Elements I, II, and III: Structural, mechanical, electrical, and civil engineering; landscape and (optional) interior design services; and, communications and construction cost consultants. The cost of the above services are included in the Architect's fees setforth in this Article. ARTICLE V PAYMENT A. Payment shall be made by the City monthly after receipt of statements from the Architect based on the proportions of services performed within the various parts described above. • B. Reimbursable expenses are in addition to the fees for basic 21 and additional services and are limited to actual expenditures made by the Architect, his employees or his consultants in the interest of the project for incidental expenses listed in the following subparagraphs: 1. Fees paid for securing approval of authorities having jurisdiction over the project. 2. If authorized in advance by City, to meet an earlier schedule than provided for herein, the expense of additional work or overtime work requiring higher than usual rates to meet earlier schedules than provided for herein; models for the City's use; and fees paid to special consultants for other than those specifically listed in Article IVB 3. Printing or reproduction costs for all drawings, plans, specifications, details, or photographs. C. That portion of the Architect's fees compensating the Architect for services performed in Element III, Construction Phase, shall not be subject to change for a period of three »• years from the date the dollar value of such fees was set in accordance with Article IV. If all or any part of the Architect's services during Element III have not been provided within three years of the date the dollar value of said fees was set, and if the Architect requests an adjustment in the dollar value of the fees for those services yet to be rendered, then the City will negotiate a revised dollar value for said fees for work in progress in Construction Contract documents, or bidding, or under Construction; for work not yet in progress, the City » has the option of renegotiating or cancelling the balance of 99 that portion of the contract. ARTICLE VI ADDITIONAL SERVICES A. No additional services shall be rendered by the Architect, ly-g****£*-^ unless such services shall be first authorized'by City. The maximum additional fee payable to the Architect for any additional services shall be agreed upon by the Architect and the City prior to the performance of such services. Additional services shall be such things as: 1. Preparing additional drawings or specifications for the project in the event the City should order an appreciable change in the original plans. 2. Providing financial feasibility studies or other special studies. «\ 3. Preparing documents for alternate bids or out of sequence services requested by City. f 4. Making revisions in drawings, specifications, preparing change orders, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 5. Providing consultation concerning replacement of any work damaged by fire or other cause during contruction and furnishing professional services of the type set forth in Article III as may be required in connection with the replacement of such work. 6. Providing professional services made necessary by the *• default of the Contractor or by major defects in the work of the contractor in the performance of the construction contract. 7. Providing services on each individual project after issuance to the City of the General Contractor's final Certificate for Payment for that Project. 8. Providing services of professional consultants for other than those specifically listed in Article IV. 9. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. B. Any payments made under these provisions for additional work, ^JLWv-»^K^ when approved in advance'by City, shall be paid within 60 days after receipt of billing for said services submitted by Architect on forms approved by the City. i ARTICLE VII CHANGES IN WORK *• If, in the course of this contract and design, changes seem merited by the Architect or from the City and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Architect or the 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 Architect 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 Manager or the City-Council as required by Municipal Code. 24 Such supplemental agreement shall not render ineffective or invalidate unaffected portions of this agreement. Changes requiring immediate action by the Architect or City shall be ordered by the City Engineer who will inform in writing a principal of the Architectural firm of the necessity of such action and follow up with a supplemental agreement covering such work. ARTICLE VIII DESIGN STANDARDS The Architect shall endeavor to provide designs for which construction costs are minimum, consistent with functional efficiency, economy of operation and maintenance, and current architectural standards. Construction shall be permanent, fire-resistant type. Materials of construction and finish shall be the most economical and durable consistent with the planned occupancy and location.•\ The Architect shall be governed by the standards adopted by the City from time to time with respect to architectural, mechanical and electrical details and specifications. ARTICLE IX CONVENANT AGAINST CONTINGENT FEES The Architect warrants that the Architect has not employed or retained any company or person, other than a bona fide employee, or consultant working for the Architect, to solicit or secure this agreement, and that Architect has not paid or agreed to pay any company or person, other than a bona fide employee, or consultant any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from the award or making of 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 X FAILURE TO PROVIDE SATISFACTORY SERVICE If, in the opinion of the City, the Architect fails to perform or provide prompt, efficient and thorough service, or if the Architect fails to complete the several portions of its work within the time limits provided, the City shall have the right to terminate or cancel this Agreement, take the Architect's studies, sketches, drawings, computations, plans and specifications insofar as they are complete and acceptable to said City, and pay the Architect therefore in accordance with the provisions of Article XI herein. In the event City deems any work unsatisfactory, then the City Manager shall notify Architect itf writing of the basis of its dissatisfaction and shall allow Architect thirty (30) days to satisfy the City. ARTICLE XI SUSPENSION OR ABANDONMENT OF PROJECT A. If at any time, the City determines to suspend indefinitely or abandon the construction of the Project(s) or any portion thereof, and shall require the Architect to suspend or abandon the performance of his services, or for reasons set forth in Article XI, decides to terminate this Agreement, there shall be due and payable within fourteen (14) days after notice has been given to the Architect of said suspension or abandonment or termination of this Agreement, a sum of money sufficient to increase the total amounts paid to the Architect on the fee to an amount which shall bear the same proportion to the fee as the amount of services performed or provided by the Architect prior to the time of such suspension or abandonment or termination of this Agreement as approved by the City shall bear to the entire services the Architect is required to perform or provide, computed as hereinabove provided in Article IV and V plus the amounts, if any, still due the Architect for extra services under Article VI. Upon payment to the Architect of the "amount, or amounts, provided under this Article, the City may . terminate and cancel this Agreement, or any part thereof. B. If the City determines that a part of the work involved in the Project shall be suspended or abandoned, such suspension or such abandonment of a portion of the Project shall not make void or invalidate this Agreement. ARTICLE XII •N DELEGATION OF DUTIES Whenever approval, directions, or other actions are required by the C^ity Manager under this Agreement, such duties and responsibilities may be delegated by the City Manager to a representative authorized to act in his behalf with respect to the Project. Said representative shall execute such duties and responsibilities promptly in order to avoid unreasonable delay in the progress of the Architect's work. ARTICLE XIII INDEPENDENT CONTRACTOR The Architect is and shall at all times remain to the City a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of the Architect or any of the Architect's employees or Consultants except as herein set forth* The 27 Architect shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. ARTICLE XIV RESPONSIBILITY OF THE ARCHITECT The Architect- is hired to render a professional service only and any payments made to the Architect are compensation solely for such services the Architect may render and recommendations the Architect may make in the course of this Project. All plans, specifications and estimates shall include the engineer's or architect's registration number (both if applicable). ARTICLE XV ARCHITECT'S COMPLIANCE The Architect shall comply in all Schematic Design, Design Development and Construction Document preparation with all applicable ^federal, state and local building and construction requirements and in the event the City determines that any of these aspects do not comply with the applicable federal, state or local building or construction standards, the Architect shall, at no expense to City, revise the plans or specification to conform therewith. ARTICLE XVI OWNERSHIP AND REPRODUCTION OF DOCUMENTS A. The floor plans and all preliminary sketches, schematics, preliminary plans, architectural perspective rendering, working -drawings, including details, computations, specifications and other documents, prepared or provided by the Architect under this Agreement shall be the property of the City. In the event the City uses such floor plans and any preliminary sketches, * • *• . schematics, preliminary plans, architectural perspective 28 rendering, working drawings, including details, computations, specifications and other documents prepared or provided by the Architect under this Agreement on other work or extensions to this work the Architect shall not be responsible for the acts, errors or omissions of any persons, firm, or individual performing such other work or extensions to this work. The City agrees to hold the Architect free and harmless from any claim arising from any use of the floor plans and all preliminary sketches, schematics, preliminary plans, architectural perspective rendering, working drawings, including details, computations, specifications and other documents, prepared or provided by the Architect under this Agreement, by the City on other work, B. When the working drawings and specifications have been approved by the City, the Architect shall deliver reproducible originals, suitable for record keeping, to the City as Provided in Article I. C. The City will provide^the necessary reproductions of the working drawings and specifications for the purpose of bids for construction. *• D. The Architect shall not permit reproductions to be made of the preliminary sketches, preliminary plans, working drawings, specifications and full size details, except upon the order of, or with the consent of the City. The Architect shall not allow construction contractors or other interested parties to use or take from its office copies of the drawings or specifications Junless it is necessary to the design work by Architect. ARTICLE XVII 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, 29 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 negligent act or omission of Architect or Architect's agents, employees or representative. The Architect 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, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arised out of, solely to the City's negligence. ARTICLE XVIII ASSIGNMENT OF CONTRACT AND PERSONNEL ASSIGNED TO THE CONTRACT The Architect shall not assign this contract or any part thereof •\ or any monies due thereunder without the prior written consent of the City. Personnel assigned to the project shall be: 1. 2. 3. H. Wendell Mounce, A. I. A. Principal in Charge Jon R. Berry^ A. I. A. Project Architect Steve Holt. A. I. A. 4, 5. Wlod Wasjelewski Chief Project Designer Al Naccarato. C.S.I Director of Production Programming No change in personnel shall be made without prior approval of the City Manager. ARTICLE XIX SUBCONTRACTING If the Architect shall subcontract any of the work to be performed under this contract by the -Architect, Architect shall be fully 30 responsible to the City for the acts and omissions of Architect's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as consultant as for the acts and omissions of persons directly employed by the Architect. Nothing contained in this contract shall create any contractual relationship between any subcontractor of the Architect and the City. The Architect shall bind every subcontractor and every subcontractor of a subcontractor by the terras of this contract applicable to the Architect's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. ARTICLE XX 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. ARTICLE XXI 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 31 this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Architect to any additional payment whatsoever under the terms of this contract. ARTICLE XXII SUCCESSORS OR ASSIGNS Subject to the provisions of Article XVIII, Hold Harmless Agreement, 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 XXIII EFFECTIVE DATE This contract shall be effective on and from the day and year first above written. ARTICLE XXIV CONFLICT OF INTEREST The Architect shall file a Conflict of Interest statement with the City Clerk of the City of Carlsbad. The Architect shall report »"interests and investments in Real Property and Business entities in the City. ARTICLE XXV COST REPORTING Any documentation or written report shall contain in a separate section the numbers and dollars amount of all. contracts and subcontracts relating to the preparation of the document or report unless less than $5,000. 32 ARTICLE XXVI LIABILITY INSURANCE Architect agrees that from the date of execution of this agreement until the date of completion of the obligations arising from this agreement, Architect will maintain in full force and effect a policy or policies of ^nsurance providing both comprehensive general liability in an amount not less than Five Hundred Thousand ($500,000.00) dollars combined single limit, and motor vehicle liability in amounts not less than $100,000/$300,000 personal injury and $50,000 Property Damage. These policies shall provide that the City of Carlsbad, the City Council, each officer and employee of the City and each member of boards and commissions of the City shall be named as additional insureds with respect to claims arising out of or -in connection with the work to be performed pursuant to the provisions of this Agreement.> Architect shall also obtain and maintain in full force and effect suitable Worker's Compensation insurance in the amounts required by »' law. Architect shall further maintain in full force and effect during the term of this agreement as mentioned above, a policy or policies of insurance providing professional liability coverage for errors and omissions in an amount not less than One Hundred Thousand Dollars ($100,000.00). 33 Prior to the start of construction of the first project, the Architect sha\l, if requested in writing by the City, obtain and maintain in fullVorce and effect for a period of six (6) years, the following Professional Liability Project Policy in lieu of the Professional Liability Insurance described above: The Project s?olicy, if requested by the City, shall be issued not less than sixty (6iQ) days prior to the opening of bids for the first Project(s) and ^hall provide One Million Dollars ($1,000,000.00) Professional LiabSLlity and One Million Dollars ($1,000,000.00) Comprehensive General Liability coverage for the Architect, H. Wendell Mounce A.I.A. & Associates; Brandow & Johnston and Associates, Structural Engineers; J.D. Gxevier, Electrical Engineers; and Kelly- .Stewart-Goldstein, Mechanical Engineers. The policy shall be maintained with a Ten Thousand oollar ($10,000.00) deductible on the \Professional Liability. The deductible shall be paid by the City. The City will reimburse the Architect Che cost of the premium for the * N 'Project Insurance, less two percent (2%\ of the Architect's fee for basic services during the term of the insurance. The premium for the policy, if issued within sixty (60) days of theNdate of this Agreement is Thirty Four Thousand One Hundred Forty Six Dollars ($34,146.00), payable in three annual installments. Reimbursement shall be made by the City within sixty\60) days of submission by Architect of installment billing by the insur< two percent (2%) reduction of the Architect's fee shall be deducted from progress payments on the fee for basic services provided during^the term of the insurance; for example: ssume date of issue of Project Insurance: January 1, 1984 End\of term: December 31, 1990 Any statements for basic services during the term described above, snail be reduced by two percent (2%), e.g., February 1, 1984 Fee for basic services: . January 1, 1984 \ January 30, 1984 - $10,000.00 Less 2% \ 200.00 Amount Due:\ $ 9,800.00 In the event that any claim, demand or lawsuit is made by any person or entity against the Architect, or Brandow & Johnston and Associates, Structural Engineers; or J.D. Crevier, SLLectrical Engineers; or Kelly- Stewart-Goldstein, Mechanical Engineers, Nwhich said claim or lawsuit is covered by the Project Policy deductible\ the City shall reimburse the Architect for any bill or bills from rhe insurer, up to Ten Thousand Dollars ($10,000.), within 60 days after\receipt by the City of such bill or bills from the Architect. If requested in writing by the City, the Architect sha^Al extend the term of the Project Insurance for additional periods, up to three years from occupancy of the last Project. The deductible amount and the actual cost of the premiums for the extension of the insurance shall be paid in the same manner as for the original policy. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD MARY H. CASLER, Mayor BY_ Title. ATTEST:APPROVED AS TO FORM: Aletha Rautenkranz, City Clerk Daniel Hentschke Assistant City Attorney H. WENDELL MODNCE A.I.A. & ASSOCIATES a California corporation by. President - Architect EXHIBIT A The following Site Survey Information shall be furnished the Architect by the City as provided in Article II A. 37 SITE SURVEY INFORMATION REQUIRED 1. Property lines: Dimensions, Bearings; Turning Point Angles. 2. Existing Easements and otherwise dedicated portions of site. 3. Required set-backs and restrictions of deed or local zoning regulations. 4. Existing Grades: Contour lines at 2'-0" foot intervals along with spot elevations which were used to establish the contour lines. 5. Show Existing Bench Marks. If none exist, £.s_t.a.b_.l.i.sJi elevation of nearest permanent fixed object which may be used to back-site on. 6. Highways, Streets, Alleys, or Drives adjacent to or on property: a. Center-lines and widths of right-of-ways; location of existing curbs or berms. Widths and turning radii; location of edge of pavement. b. Names of streets, alleys, etc. c. Elevation of paved areas and top of curbs at key points and at intervals along edge of walks and curbs not to exceed that designated under 4a. 7. Locate and dimension: Existing Buildings, Fences, Foundations, Retaining Walls, and Payed Areas. Elevations of main floor and basement floor of any existing buildings. 8. Locate buildings on adjacent property. Show any encroachment. 9. Show existing septic tanks and drain fields, whether in use or not. 10. Locate existing utilities and give dimensions and elevations where possible. -a. Poles •b. Water, gas, oil, and sewer lines. Give flow line elevations. c. Buried tanks. d. Hydrants, man holes, catch-basins, etc. Give invert elevations and top of man-hole cover. 38 e. Meter vaults; transformer locations. f. Power and telephone lines above or below ground. 11. Natural features of site to be located and approximate sizes noted: a. Trees: Show individually unless occuring in heavily wooded areas which may be noted as such. Note species when possible. b. Visible rock outcroppings and large boulders. 12. Locations of any test holes which may have been made.