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Home My WebLink About1984-05-15; City Council; 7178-2; Public Safety Center contractsCITY OF CARLSBAD — AGENDA JILL t! OCfL D_ O. <-i O i AR# Trf^-^^ MTG. 5/15/84 DFPT CM TITLE: PUBLIC SAFETY CENTER HFPT HD &*- r.|TY ATTvVno CITY MGR.^tl RECOMMENDED ACTION: Adopt Resolution No. ^^^^/and No. <^^£*approving contracts with Ruhnau, McGavin, Ruhnau for architectural service and Roll Company for construction management for the public safety and service center. BACKGROUND Following the election in November '83 actions were commenced to retain an architect and a construction manager to build the public safety and service center. The Citizen's Committee appointed by Council in 1983 made a strong recommendation that the city hire a construction manager to coordinate the project. In January the city solicited proposals for the construction manager. Twenty applications were received. Interviews were held February 17. The interview panel consisted of Mayor Casler, Councilman Chick, Wendall Mounce and Frank Aleshire. The panel selected Roll Company as the best qualified applicant and the City Manager entered into negotiations with Roll Company and with Wendall Mounce, the architect who had done the master plan for the public safety center in 1983. During those negotiations two problems developed. Wendall Mounce was not enthusiastic about working with a construction manager, and he felt that his fee should be increased over the fee schedule in his 1983 contract. Although Mr. Mounce1s work was highly satisfactory, it was my belief that the fee schedule was somewhat high when compared to similar projects in the public sector. On April 10 the City Council authorized City Manager to solicit proposals from other architects. On April 11, Mr. Mounce filed a letter with city withdrawing as the project architect. Eleven architects submitted proposals and three were interviewed on April 27. The interview panel consisted of Mayor Casler, Councilman Chick, City Manager and Bill Miller of Roll Company. The firm of Ruhnau, McGavin, Ruhnau Associates, 1207 Elm Avenue, Carlsbad was selected by the panel. The two contracts presented for Council consideration provide for a design architect and a construction manager. The construction manager works with the architect during design and serves as a general contractor during construction. The construction manager is expected to accomplish cost savings by: -— his knowledge of construction procedures, materials, techniques and costs;— his ability to coordinate all phases of the project from design through construction ••— eliminating the general contractor's fee of 5-10% Page 2 of AB # 7/7<f~ BUDGET The project budget is $9.4 million for a police/fire administration building and a vehicle maintenance facility plus site development and consultant fees. It is proposed that the city assume responsibility for: Police/Fire Communications $ 200,000 Furnishings 700,000 Landscaping 400,000 $1,300,000 The architect will be responsible for: Site Development $ 700,000 Police/Fire Administration 5,900,000 Vehicle Maintenance Building 1,400,000 $8,000,000 The construction manager will be responsible for coordinating all phases of the project. SCHEDULE A firm schedule has yet to be worked out. It is expected to be a two year project with design work in 1984 and construction beginning in the spring of 1985. Site grading will probably begin in the fall of 1984. FISCAL IMPACT The lump sum fee for the architect is $470,000 and for the construction manager $500,000. In addition the City may incur fees of around $75,000 for communications and landscape design. This proposal represents a substantial savings from the original estimate of $800,000 for architect and $550,000 for construction manager. EXHIBITS 1. Rahnau Proposal (On file in City Clerk's Office) 2. Roll Proposal (On file in City Clerk's Office) 3. Article on Construction Management 4. Resolution No. ^^^£ Agreement Architect 5. Resolution No. /%£^5" Agreement Construction Manager Proposal to Provide Architectural Services Public Safety Center City of Carlsbad April 23, 1984 Ruhnau McGavin Ruhnau / Associates Architects Carlsbad Planners California Architects Planners ___ RUHNAU McGAVIN Ro. iNAil/ASSOCIATES ]R 3775 tenth 5;reer 1207 Elm Avenue Herman 0 R-jhnau, f.A.I.A. Riverside, CA 92501-3669 Carlsbad, CA 92008-1995 David Ruhnau A IA 714/684-4664 619/729-7144 Gary L McGavin, A I.A April 23, 1984 Honorable Mayor & City Council Mr. Frank Aleshire, City Manager City of Carlsbad Mr. Bill Miller, Vice President Construction Manager The Koll Company Subject: A & E Services Site Development Police/Fire Headquarters Vehicle Maintenance Building Gentlemen: In accordance with your Request for Proposal dated April 12, 1984, we are pleased to submit the accompanying proposal. This material includes our background and experience in comparable projects, the experienced Team we propose to use, and representative projects. Ruhnau McGavin Ruhnau/Associates and their Consultants have worked together on numerous other successful projects. With our architectural background, almost entirely in the area of public and institutional buildings, Ruhnau McGavin Ruhnau/Associates has provided professional services for all categories of government, City, County, State and Federal. With our offices literally across the street from the Carlsbad Civic Center, we are in a position to expeditiously provide experienced, professional services and prompt implementation of the project. We most enthusiastically look forward to the opportunity of serving the City of Carlsbad in this, worthwhile project. I believe the accompanying information will confirm why Ruhnau McGavin Ruhnau/Associates feels it should receive your favorable considera- tion. Sincerely, David Ruhnau, AIA, of RUHNAU McGAVIN RUHNAU/ASSOCIATES DR:mn/gc Enclosure Architects Planners RUHNAU McGAVIN fii JAU/ASSOCIATES 1R 3775 li-nlh Sired 1207 £//n /Awnue Herman 0 Ruhnau, F.A.I.A flwri/dc, CA 92W1-3669 Carlsbad, CA 92008-1995 David Ruhnau, A.I.A. 714/684 4664 619/729-7144 Gary L McGawn. A.I.A. CARLSBAD PUBLIC SAFETY CENTER THE PROPOSAL Ruhnau McGavIn Ruhnau/Associates are pleased to submit a Lump Sum Fee of Four Hundred and Twenty Thousand Dollars ($420,000.00), for Architectural /Engineering Services for the Carlsbad Public Safety Center for the City of Carlsbad, all in accordance with the Request for Proposal, dated April 12, 1984. Respectfully submitted, A |PA/^ 'a,.David Ruhnau, AIA of Ruhnau McGavin Ruhnau/Associates 1200 ELM AVENUE • lE? • TELEPHONE CARLSBAD. CA 92008-1989 «*fl/ JM (619)436-5561 Off 109 of thf Ctty Uinigft dtp of Cartebab April 25, 1984 Ruhnau-Evans-Ruhnau Associates 1207 Elm Avenue Carlsbad, CA 92008 PUBLIC SAFETY CENTER This will confirm your interview scheduled for 3:00 P.M. Friday, April 25th in the Council Chambers at City Hall in Carlsbad. During the interview we will ask you to cover the following items: 1. Describe your experience in working with a construction manager. 2. List the cities or public agencies you have worked for. 3. Explain your experience in building police and vehicle maintenance facilities. 4. Introduce the project team and let us get acquainted. 5. Present a design/construction schedule as you perceive it. 6. Give us a lump sum fee for your services. 7. Identify any major changes you wish to discuss relative to the architect or CM agreement. The successful architect will be asked to negotiate final contract details prior to May 10th. Executed agreements for the architect and construction manager will be distributed to the City Council on Friday, May llth for adoption on May 15th. If selected you will probably wish to attend the Council Meeting on May 15th beginning at 6:00 P.M. Ruhnau-Evans-Ruhnau Associates Page Two PUBLIC SAFETY CENTER April 25, 1984 Please contact roe or Bill Miller at Koll Company (438-2121) if you have any questions. FRANK ALESHIRE City Manager FA:dc cc: Bill Miller City Council RUHNAU McGAVIN RUHNAU I ASSOCIATES CARLSBAD PUBLIC SAFETY CENTER 1. Describe your experience In working with a Construction Manager. We understand and appreciate the role of Construction Manager and are at the present time completing Construction Documents for a $4,000,000 Westinghouse Nuclear Service Center with Doug Sherman of Westinghouse acting as Construction Manager. Our Consultants have had extensive experience in this area. I understand the importance of working as a team composed of the City, the CM, the Architect and his Consultants. We look forward enthusiastically to working with the Construction Manager in this project. The Construction Manager, working with the Architects, evaluates the various items that go into a building such as structural systems, mechanical systems, electrical systems and architectural considerations. This evaluation is generally based on cost effectiveness, life cycle considerations, maintenance and opera- tions, etc. Their joint effort starts with the pre-design phase and continues throughout the project. Refer to Consultants for Additional Detail. 2. List the Cities or Public Agencies you have worked for. Ruhnau McGavin Ruhnau/Associates have provided services for the following Cities or Public Agencies: CIVIC CENTERS: City of Riverside, City Hall/Parking Structure/Ancillary Facilities. Estimated at today's cost, $14 million. City of Colton, Civic Center City of Hemet, Civic Center City of Arcadia, a new Council Chamber/Emergency Operations Center/Pistol Range and extensive remodeling of existing City Hall. Master Plan for Vista City/County Facilities POLICE FACILITIES: Riverside Police Department A 30,000 SF facility, including EOC and tunnel to adjacent County Building. Estimated at today's cost, $4 million. Colton, including Police and Fire Hemet, including Police and Fire Arcadia, working with the Police Department, a Pistol Range „_ and some remodeling. RUHNAiJ McGAVIN RUH< ^/ASSOCIATES Carlsbad Public Safety Center April 26, 1984 Page Two FIRE DEPARTMENTS: Hemet Colton Riverside Administrative Headquarters (In City Hall Complex) EDUCATIONAL FACILITIES: University of California Three projects aggregating $12 million at today's cost. Fifteen Public School Districts aggregating $25 million, completed in the last five years. VEHICLE MAINTENANCE: SCHOOLS: Vista Unified School District Jurupa Unified School District Colton Unified School District TRANSIT AGENCIES: Riverside Transit Agency, Riverside Omnitrans, San Bernardino North County Transit District PUBLIC UTILITIES: Southern California Gas Company PT&T (Pacific Bell) Numerous and ongoing projects General Telephone Camp Pendleton Vehicle Maintenance Facilities (Contract Documents completed) OTHERS: Automobile Club of Southern California, Headquarters Building California Thoroughbred Breeders Association, Hollywood Park, Horse Sales Pavilion Daon Corporation Gannett Corporation Glendale Federal Savings & Loan Goodwill Industries Hemet Federal Savings & Loan IBM Owl Service Rock Riverside Civic Center Authority RUHNAU McGAVIN RUHNAU/ASSOCIATES Carlsbad Public Safety Center April 26, 1984 Page Three UARCO, Inc. University of California, Army & Air Force Exchange Services U.S. General Services Administration Naval Facilities Engineering Command U.S. Postal Services 3. Explain your experience in building Police and Vehicle Maintenance Facilities: POLICE FACILITIES: A Police Department is a specialized planning program. As Architects, our responsibility would be to determine the immediate and long range requirements of the department, working closely with their administration. Part of our approach would be to visit representative newer police departments for their pros and cons. I personally, as well as the firm, have had extensive experience in developing specialized facilities, particularly as they relate to governmental agencies. Some examples of the specialized types of projects that I have worked on include the Computer Statistics Building for the University of California at Riverside, and recently a Missile Guidance System Laboratory, including an anechoic chamber, all of which required exten- sive research and an understanding of the client's needs. I have been successful in determining the needs of many govern- mental agencies and successfully converting them to struc- tures. (See Number 2) VEHICLE MAINTENANCE FACILITIES: Ruhnau McGavin Ruhnau/Associates have extensive and recent experience in major Vehicle Maintenance and Operations Centers, including the following: Vista Unified School District Maintenance & Operations Center Omni trans (San Bernardino Transit Agency) A $3.9 million complete Maintenance & Operations Center for which Contract Documents have been completed, await- ing funding from UMTA Riverside Transit Agency A $4.3 million complete Maintenance & Operations Center, Contract Documents 90% complete Camp Pendleton Tactical Vehicle Maintenance Facility A $2.4 million project, Contract Documents complete RUHNAU McGAVIN K NAU/ASSOCIATES Carlsbad Public Safety Center April 26, 1984 Page Four Several Maintenance & Operations Centers for General Telephone Fleet Maintenance Consultants, experienced in automotive, have been our Consultants on several of these projects and will be pleased to comment on their services. 4. Introduce the Project Team and let us get acquainted. Brandow & Johnston, Structural Engineers Represented by Roy G. Johnston Nack & Sunderland, Mechanical Engineers Represented by Donald H. Nack Randall/Lamb, Electrical Engineers Represented by John Lamb Fleet Maintenance Consultants, Vehicle Maintenance Repesented by Fred Selleck Rick Engineering, Civil Engineers Represented by Bob Ladwig 5. Present a Design/Construction Schedule as you perceive It. Previously submitted. 6. Give us a Lump Sum Fee for your Services. To be reviewed at Interview. 7. Identify any major changes you wish to discuss relative to the Architect or Construction Manager Agreement. To be reviewed at Interview. Philosophy Philosophy The Development of this City Service Project for the City of Carlsbad, requires a team which can demonstrate: Sensitivity to operational, calendar and funding constraints and an aware- ness of their impact on this project. A record of imaginative, comprehensive expression in their various disci - pli nes . Commitment of senior staff with a proven record of experience on compar- able projects. The ability to provide technical and conceptual innovations, together with functional requirements, structural, mechanical and electrical systems and flexibility. A dedication to energy conservation, value engineering and life cycle cost impact. Sensitivity to Architectural Design, taking into consideration the environ- ment, aesthetics and economics. Creativity in designing not only a viable plan for buildings, but also a viable environment for the people who occupy and utilize them. Familiarity with governmental opera- tions, Architectural and master plan elements, regulatory agencies, and the legal and institutional factors affec- ting the project. RMRA has an extensive record of perfor- mance in projects involving the disciplines and imaginative thinking essential to the success of this project. Project Understanding Project Understanding The City of Carlsbad proposes to develop a project as part of a Public Safety Center. The total project consists of: Site Development $1.3 million Police/Fire Headquarters 6.6 million Vehicle Maintenance Bldg. 1.6 mi 11 ion Total: $9.5 mi 11 ion Certain elements as noted in the RFP will not be included in the Architect's respon- sibility. The Architect will be responsible for the followi ng: Site Development $ 700,000 Police/Fire Headquarters 5,900,000 Vehicle Maintenance Bldg. 1,400,000 Architect Total $8,000,000 (Includes Architect & Construction Manager Fees) Ruhnau McGavin Ruhnau/Associates have reviewed the following material: • Request for Proposal dated April 12, 1984, with accompanying Con- struction Management Edition of Agreement Between Owner and Archi- tect, together with Article 15 "Other Conditions or Services." • Standard Form of Agreement Between Owner and Construction Manager. • Master Plan Site Development, City of Carlsbad, Public Safety and Service Center dated July 12, 1983, prepared by W. Wendell Mounce, AIA & Associ ates. The review of the above information has provided the Architect with an overview of the scope of the project, the Architect's responsibility, and the budgetary rest- raints. CONSTRUCTION MANAGEMENT Ruhnau McGavin Ruhnau/Associates under- stands that The Koll Company has been selected as the Construction Manager. The City of Carlsbad is to be complimented on the fact that a Construction Manager has been selected almost simultaneously with the selection of an Architect. The naming of the Architect and the CM at about the same time permits the coordination of the work and provides for continuity of owner's representative, design professionals, and the CM. This allows team members to know what capabilities and responsibilities other members bring with the team. RMRA are at the present time completing working drawings under a CM program for a 3.5 million dollar Service Center Expansion for the Westinghouse Electric Corporation. RMRA's consulting engineers have worked on major projects with The Koll Company, and looks forward to a continuing relationship. Ruhnau McGavin Ruhnau/Associates' them- selves pledge to cooperate with the CM throughout the performance of their professional services. Ruhnau McGavin Ruhnau/Associates under- stands that the City desires to pay a lump sum for the work described in their Request for Proposal and at the time of the inter- view, the Architect will be prepared to give the City a tentative time schedule for the accomplishment of the project. _CD =3 0 CD O C/}>% o ECO OTCD 8* CO CO w <0 Q] CO >-c< QC CO Oo COc CE 2Sa. ^ CD c 0> E CD O E° Oo02»c a_c O)c 'oO)c O c COa. EoO T3C(9 •aeg (9 O o a>£ H- o o Architect Principal and Consultants Ruhnau McGavin Ruhnau / Associates Architects Planners DAVID RUHNAU, A.I.A. PRESIDENT - PRINCIPAL IN CHARGE Mr. David Ruhnau, will be Principal in Charge of this project. He is a graduate of the University of Southern California School of Architecture, and attended the graduate school of Urban and Regional PIanni ng. Mr. David Ruhnau's continuing education includes Harvard University Graduate School of Design 1982, attendance at the Interna- tional Design Conferences in Aspen, Colorado; Management Seminars; and American Institute of Architects Seminars on Energy Conservation and Design Systems. In addition to being Principal in Charge for the major portion of Ruhnau McGavin Ruhnau/Associates' work, Mr. Ruhnau has shown extreme care in the Architectural Design Development of the firm. His design work has resulted in Ruhnau McGavin Ruhnau/ Associates being the recipient of some twelve AIA awards of Excellence in Design. Some of his recent work has been published in Architecture California and American School and University. His ability to interpret a client's need and work with groups can be attested to by recent clients in the North County area, including the City of Vista, City of Oceanside, Vista Unified School District, Escondido School District, Escondido Multi-Model Transit Master Plan for San Diego County, N.C.T.D., and other numerous publi c faci1ities. His professional memberships include membership in the American Institute of Architects; University of Southern Califor- nia Architectural Guild; and Life Member of Phi Sigma Kappa Fraternity, Rotary Interna- tional. He holds a teaching credential in Architecture for California Community Colleges, is a licensed Architect in the State of California, and is certified by the National Council of Architectural Registration Board. Brandow & Johnston Associates Structural Engineers Brandow & Johnston Associates is a Consult- ing Structural Engineering firm offering services in the fields of structural design and earthquake engineering. These consult- ing services are offered primarily to architects, owners and government agencies. The staff has been maintained at about thirty-five persons with about one-third of the personnel licensed structural engin- eers. In addition to the office in Los Angeles, an office is maintained in Orange County. Included in the approximately 300 jobs scheduled each year, there is a diversified scope of designs for industrial, governmen- tal, parking structures, hospitals, univer- sities, and public schools. The organization has been active in advanc- ing the state-of-the-art of structural engineering through participation of its staff members in the Structural Engineers Association of California, the Earthquake Engineering Research Institute, the American Society of Civil Engineers, and the American Institute of Consulting Engi neers . The firm has long utilized the computer as a tool to aid in its engineering work. Computer applications in the form of design aids, structural analysis, finite element analysis, and dynamic (earthquake) analysis have been developed, and are executed from in-house computer facilities. From a library of special-purpose computer programs, computer aided designs and analyses can be used at the engineer's option to best serve the needs of the cli ent. Nack & Sunderland Mechanical Engineers Nack & Sunderland offers broad and exten- sive engineering experience applicable to creative innovation. The engineering and administrative staff provides a completely integrated and flexible approach to the study and design of mechanical and concomi- tant systems. Particular attention is directed to the sound application of engin- eering, economic and organization fundamen- tals and concepts. The organization of Nack & Sunderland is comprised of a highly motivated complement of engineering and administrative personnel versed in a wide range of abilities and expertise. The staff of twenty includes six registered professional engineers. Key members of the organization, who constitute the task force assigned to the project, have experience which averages more than twenty-five years. A majority of these members have worked together as an innovative and competent team for over eighteen years. Nack & Sunderland, for some twenty-five years, has successfully served as Consult- ing Mechanical Engineers for Ruhnau McGavin Ruhnau Associates in public and institu- tional projects ranging from a few hundred thousand dollars to multi-mi 11 ion dollar projects. The capabilities and qualifica- tions of the organization is confirmed further by the numerous peer awards receiv- ed, as well as the numerous clients who have continued to utilize the services of Nack & Sunderland since its inception. Randall Lamb Associates Electrical Engineers The firm of Randall Lamb Associates, Elect- rical Engineers with offices in San Diego, was established in 1974. The firm has been in continuing practice in Consulting Electrical Illumination and Engineering. Randall Lamb Engineers' experience includes solar engineering studies and engineering conservation programs, including co-genera- tion. Mr. Robert E. Randall, P.E. is President of the firm and John R. Lamb, P.E. is Vice- President. The organization has eight licensed Electrical Engineers and six Elect- rical Designers with a total personnel of twenty-three. Randall Lamb Associates have been the recip- ients of five Awards of Excellence from the San Diego Chapter of the American Institute of Architects. Among the numerous projects, financial, technical, institutional, industrial and commercial, are the following: • Avionics & Engine Shops Naval Air Station Sarr Diego, California • Great American Federal Savings/Loan Operations Center National City, California • Campus Center Point Loma College San Diego, California • Border Patrol Station Chula Vista, California General Services Administration • Several Major Projects at Camp Pendleton They are Electrical Engineers for Ruhnau McGavin Ruhnau/Associates' projects in North San Diego County. Rick Engineering Civil Engineers Rick Engineering Company are Planning Consultants and Civil Engineers, with offices located in Carlsbad and San Diego. They are just minutes from both the Civic Center and the building site and Ruhnau McGavin Ruhnau/Associates ' office. Rick Engineering Company has been located in San Diego County for twenty-five years. Rick Engineering has completed engineering surveys for many government projects, including maintenance and operations facil- ities, administration facilities, housing, training center, and storage centers. Rick Engineering Company's experience with government projects, including work in the vicinity, qualifies them for providing professional services for the Site Develop- ment for the Police/Fire Headquarters, Vehicle Maintenance Building, Public Safety Center of the City of Carlsbad. Fleet Maintenance Consultants Vehicle Maintenance Fleet Maintenance Consultants, Inc., a firm of professionals dedicated to helping managers solve both immediate and long range problems, has the unique expertise required to aid in achieving objectives related to the city operations and mainten- ance. The firm consists of results- oriented personnel, including former maintenance directors, operators, and superintendents. Of particular note are the over fifty maintenance facilities, including several in the Southern California area, which have been functionally designed by members of the fi rm. Fleet Maintenance Consultants, Inc., has had background and experience in the past working with Ruhnau McGavin Ruhnau/ Associates on the Riverside Transit Agency project, the NCTD Spare Parts Facility, and the Vista High School project. Fleet Maintenance Consultants, Inc., is a Woman Business Enterprise, with Mrs. M. Colleen Selleck as its President. Fleet Maintenance Consultants, Inc., has an ongoing relationship with Ruhnau McGavin Ruhnau/Associates on comparable projects. They also maintain a residence on Coronado Island. Representative Projects Representative Projects Vista High School (Construction Bidding Phase) Vista Unified School District Vista, California Estimated Cost: $16,000,000 Westinghouse Service Center Expansion (Working Drawings Nearing Completion) Beaumont, California Estimated Cost: $3,500,000 North Broadway Elementary School (Completed) Escondido Union School District Escondido, California Estimated Cost: $3,251,000 Omnitrans - Transit Agency (Working Drawings Complete) Administration Center, Maintenance Facility Montclair, California Estimated Cost: $4,000,000 Riverside City Hal 1 (Completed) Facility Includes Area for Fire Department Headquarters, Parking Structure and City Functions City of Riverside Riverside, California Estimated Cost: $9,000,000 Tactical Vehicle Maintenance Facility (Working Drawings Complete) Camp Pendleton, California Estimated Cost: $2,000,000 Composite Base Support Facility (Construction Started) Includes Military Police Headquarters Air National Guard March Air Force Base, California Estimated Cost: $2,500,000 Escondido Multi-Modal Transit Center Master Plan (Completed) Escondido, California Estimated Cost: $3,700,000 Riverside County Administrative Center Including EOC & Communications (Completed) Riverside, California Estimated Cost: $9,000,000 Vista Unified School District (Completed) Administration/Transportation/Warehouse Vista, Californi a Estimated Cost: $1,700,000 (1978 dollars) New Council Chambers/Emergency Operations/ Pistol Range & Remodeling of Existing City Hall (Completed) City of Arcadia Arcadia, California Estimated Cost: $1,000,000 Past Projects Include: A Complete Riverside Police Facility and Emergency Operating Center Numerous Projects of all Types for Pacific Bell and General Telephone Company Numerous Projects in the Public and Insti- tutional Field Civic land Governmental Civic and governmental buildings are specialized structures, public oriented and service related, which should be the hub of community pride, action and accomplishment, contributing substantially to the community's image. Other objectives should be to serve the public conveniently and efficiently; internal efficiency must be maximized by logical grouping and arrangement, and provision of public space for both current functions and future growth. Ruhnau • Evans • Ruhnau • Associates experience includes civic and governmental buildings in all categories — complete civic centers, police and jail facilities, and administrative centers for local, County, State and Federal jurisdictions. Riverside City Hall The architectural design objective for this new City complex was to provide a structure in keeping with the City's Early California heritage, and a blending of the old with the new. This is accomplished by the use of restrained tones in building materials, trees and planting. The structure includes ail normal office and administration facilities for the City and its future growth; the exterior walls of office spaces are designed to provide for future expansion. Partitions are located inside the perimeter arches for this expansion. A plaza and Mall area carries out the theme of the existing downtown mall using textured concrete and the landscaping retains the principal • features of the Downtown Mall. A separate unit adjacent to the City offices contains the City Council Chambers, Executive Meeting Rooms, and Ancillary Facilities. A four-level parking structure is provided to accommodate all employees. A surface landscaped parking area is provided for visitors. The interior spaces are designed on a modular system incorporating the functions of acoustical control, air distribution, and lighting — a complete environmental system. Interior space planning, using the office landscape interior space planning philosophy has been utilized throughout. RUHNAU • EVANS • RUHNAj • /5SSOQATES Vista Unified School District Administration Center Vista, California; A school district administration center consisting of accounting and payroll areas, personnel areas, instructional areas and other administrative spaces, lobby and waiting area and a board room. The facility contains over 13,000 sq. feet. Energy conservation is a major design element with operable windows to provide natural ventilation when air conditioning is not necessary. The air conditioning system is designed for non- simultaneous heating and cooling with heating equipment selected for use with heating media temperature compatible for solar heating. Large overhangs to provide shading of windows and earth berms adjacent to exterior walls provide additional energy conservation. RUHNAU • BANK • RUHNAL! • ASSOCIATES Riverside Police Building & Emergency Operations Center Riverside, California; All divisions of :he Riverside City Police Department are housed in this new building. racilities include offices for records md identification, patrol, traffic, tetective and juvenile offices; idministrative offices; personnel and •aining, conference room, police brary; combination show-up and ssembly room; prisoner holding >oms; interview rooms; patrol and affic squad room; officers' locker >om; and pistol range. An area in the •ar of the building is reserved for jrvicing police vehicles. Built for day-to-day police use, the entire basement of the building converts to a command post for municipal government under Civil Defense. Meeting the standards required for Federal Civil Defense, it is constructed and equipped to house 150 people for two weeks independent of the outside world. This disaster headquarters has its own water well, emergency power supply, sewage disposal system, dormitory, feeding section, radiation filters, decontamination chambers, and will be equipped with emergency communications for all City departments. COPY RUHfxWJ • EVANS • RUHN4J • ASSOCIATES CO w Letters of Recommendation M" I A Unified School District |/ii 1234 Arcadia Avenue, Vista, California 92083-2395, Phone (619) 726-2170 January 17/ 1984 TO WHOM IT MAY CONCERN: the Assistant Superintendent-Business Services for Vista Unified School District. Shortly after in 1977 I assumed responsibility I am the joining the district for facility planning and construction. Since then I have worked closely with the architectural firm of Ruhnau.Evans.Ruhnau on the following projects for the district: 1. Central Kitchen 2. Administrative Complex 3. Relocatable Classrooms (42) 4. New High School (planning) I have found them to be a competent/ hard-working/ professional team. Their attention to the concerns of the client has made my professional relationship with them both productive and harmonious. I would recommend them highly. They are without question one of the finest school architectural firms in the state. Sincerely/ Richard B. Newman Assistant Superintendent Business Services RBNrbb COUNTY OF SAN DIEGO DEPARTMENT OF PUBLIC WORKS R. J. MASSMAN, Director Offices o1: County Engineer County Road Commissioner County Surveyor County Airports Flood Control Liquid Waste Solid Waste Transportation Operations BUILDING 2 5555 OVERLAND AVENUE SAN DIEGO. CALIFORNIA 82123 TELEPHONE: (619)565-5177 October 31, 1983 Mr. David Ruhnau Ruhnau-Evans-Ruhnau Associates 3775 10th Street Riverside, Ca 92051 Dear Mr. Ruhnau SUBJECT: Letter of Reference Recently your firm was contracted by the County of San Diego to perform a feasibility study for a transit facility in the Escondido area. To date, work on the study is approximately half complete. This study will address the need, location, size, and phasing for 1) development of a multimodal transit center to include future light rail vehicle interface; 2) expansion of the North County Transit District's existing bus storage and maintenance facility; and 3) planning for a light rail vehicle passenger terminal, storage and maintenance facilities. The study is being monitored and directed thru periodic presentations to a Project Steering Committee composed of local politicians and civic leaders. Progress on this study to date has been highly satisfactory. Relations between your firm, our staff, and the Project Steering Committee have been excellent. We appreciate the professionalism, honesty, and sincere hard working efforts you and Mr. Gary McSavin have made to accomplish this study's goals and objectives in a comprehensible and timely manner. We are looking forward to your proceeding with the final phases of his study knowing your firm will give us the most professional product possible. Very truly yours '?drw R) 0. MASSMAN,RJ 0. MASSMAN, Director Department of Public Works RJM:KCK:dl ?..?. WALSH County Engineer PARENTS KSCONDIDO UNION SCHOOL DISTRICT 98O NORTH ASH STREET ESCONDIDO. CALIFORNIA 92O27 (714) 745-7OOO June 28, 1982 Mr. David Ruhnau Ruhnau, Evans, Ruhnau Associates 1207 Elm Avenue Carlsbad, California 92008 Dear David: I would like to take this opportunity to thank you for the outstanding service you have provided this district. Your design and supervision of the building of North Broadway School has been exemplary, and the community response to the new school has been most complimen- tary. Your personal response to details and your availability are qualities which have placed you above most architects. It has been a pleasure to work with you. Sincerely, Don D, Hout, Ed.D. Superintendent DDH:cdh ._ANETTE M. COLBURN M. EVELYN PENFIELO MARILYN V. CLOYO ROBERT F. PIVA MERLE J. ALESMIRE. *" *>. DON D. HOUT. Eo.O. 1 S25 Third Street* Riverside, CA 925O7 • Phone 71 4- 684-0880 RIVERSIDE TRANSIT AGENCY November 2, 1983 LETTER OF REFERENCE The firm Ruhnau.Evans.Ruhnau.Associates has been contracted by the Riverside Transit Agency to do a Facilities Master Plan and more recently to do the design of RTA's new Mainte- nance, Administrative and Operating Facility. The Facilities Master Plan included the evaluation of potential sites, recommendation of the best sites and preparation of prelimi- nary site and building plans. This project was completed in a timely and professional manner and formed the basis of RTA's capital grant application to the Urban Mass Transportation Administration. Ruhnau.Evans.Ruhnau was subsequently selected in open compe- tition from over sixty architectural or engineering firms in the Southern California area to provide architectural and engineering services for design and construction moni- toring of RTA's new facility. The firm presented RTA with a well qualified team of design and engineering professionals. Although we are still in the early stages of the design pro- cess, I have been satisfied with the firm's work and am confident that the remainder of their work will produce an excellent, efficient state of the art maintenance and adminis- trative facility. I would recommend the firm as extremely professional, both in dealing with their clients and in the quality of the product that they deliver. Sincerely, )urand L. Rail KSH:rb General Manager November 2, 1983 TO WHOM IT MAY CONCERN: Ruhnau-Evans-Ruhnau-Associates have been working with Omnitrans relative to the design and construction of a new operations and maintenance facility, to be located in the City of Montclair, California. This firm has approached this project in a highly pro- fessional manner, and has met all established deadlines. I would recommend this firm to anyone who wishes to embark upon a project similar to that of Omnitrans. ROBERT E. CHAFIN£\ GENERAL MANAGER VJ REC:mrc 1700 WEST 5th STREET • SAN BERNARDINO, CALIFORNIA 92411 • TELEPHONE (714) 889-0811 CHON CORPORATION 4O41 MocARTHUR BOULEVARD. P O BOX 277O, NEWPORT BEACH. CALIFORNIA 9266O TELEPHONE (714) 752-7855 Our file Number: December 10, 1981 Mr. David Ruhnau, AIA RUHNAU, EVANS & RUHNAU ASSOCIATES 4200 Orange Street Riverside, CA 02501 Dear David: Before too much time passes, I wanted to stop and let you know how much I appreciated working with you and your firm on the combination high school/public park in Daon's master planned community of Shadowridge. This project represents a fifty acre complex on which we attempted to balance the educational needs of the students with the recreational needs of the community and the concerns of the local residents. This task was further complicated by the involvement of Vista Unified School District, the City of Vista, and Daon Corporation as client and yourselves and several other firms as consultants. Without your experience and professionalism, our task would have been far less successful. We are extremely pleased with the results of this plan- ning to date and look forward to the coming months during which the various agencies will acquire funding that we are certain will be one of the greatest assets to the community. Very truly yours, DAON CORPORATION Joseph L. Perking Project Manager JLP/mab CITY OF OCEAINISEDE OFFICE OF THE CITY MANAGER May 10, 1979 Mr. David Ruhnau Ruhnau, Evans, Ruhnau & Associates 1207 Elm Avenue Carlsbad, California 92008 Dear Mr. Ruhnau: The purpose of this letter is to commend you and your associates for a product that has been of excellent quality; consistant with the highest standards of professionalism. Specifically, the responsiveness your firm has demonstrated during the development of our senior center and two community center projects has been impressive. Your perfect attendance at all appropriate public meetings, and expertise toward working with diversified community groups on these projects was obvious. Since we have now finalized the conceptual drawings relative to the three projects, and have gotten our senior center project out to bid on schedule, I thought it appropriate to indicate our high degree of satisfaction with your performance, We will look forward to the continued development of the three subject projects with confidence that your current high level of achievement will render significant products from our combined efforts. Very truly yours, TODD W. ARGOW Administrator Intergovernmental Relations TWA:io CIVIC CENTER • 321 NORTH NEVADA • OCEANSOE. CA 92O54 • TELEPHONE 714-433-73OO CITY COUNCIL DAVID E. PARRY MAYOR City of Arcadia ROBERT G MARGETT 240 WEST HuNTiNGTOs DRIVE ARCADIA, CALIFORNIACHARLES E. GILB DONALD D. PELLEGRINO JACK SAEL1D LYLE W. ALBERG CHRISTINE VAN MAANEN CITY MANAGER CITV CLeHK December 5, 1978 Mr. Herman Ruhnau, President Ruhnau, Evans, Ruhnau Associates 4200 Orange Street Riverside, CA 92501 Dear Herman: Although it has been some time since our Council Chamber project was completed, the continual compliments that I receive about the facility reminded me that I haven't formally thanked you and your staff for your outstanding work. The quality and uniqueness of the design is a continual source of pride for our City Council, City staff and citizens. I would also like to personally thank you for all of the extra time and effort you gave to the project, over and above that which we expected. Your ability to translate the abstract ideas of our City officials into specific design solutions, and your personal attention to the details of the project made my job a lot easier. Of equal importance to us was your accuracy in cost estimating. I thoroughly enjoyed working with you, Herman, and look forward to doing so again in the future. Sincer George J. Watts Assistant City Manager GJW:kl MAILING ADDRESSES TELEPHONES CITY HALL P. O. BOX 8O 91OO6 446-4471 • 681-O276 LIBRARY 20 W. DUARTE ROAD 91OO6 446-7111 POLICE DEPARTMENT P. O. BOX 6O 91OO6 447-2121 CITY COUNCIL CHARLES E. GILB MAYOR FLORETTA K. LAUBER MAYOR PRO TEMPORE JAMES R. HELMS. JR JACK SAELID DR. ALTON E SCOTT City of Arcadia 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 (213)446-4471 • 681-0276 LYMAN H. CO2AD CITY MANAGER CHRISTINE VAN MAANEN CITY CLERK March 24, 1976 Herman Ruhnau, President Ruhnau, Evans, Ruhnau Associates 4200 Orange Street Riverside, California 92501 Dear Herman: Now that we have just awarded the contract to construct the new Council Chamber building and alterations to the existing City Hall offices, I would like to personally thank you and your staff for your excellent work in designing the projects and in assisting us in getting the project approved. My staff and I have been most appreciative of your willingness to explore the various alternatives we have suggested, your readiness to attend all meetings requested and your performance in meeting all deadlines. Your ability to translate rather abstract ideas of City officials into specific design solutions enabled us to proceed through the design process with no major problems or delays. Of equal importance to us was your accuracy in estimating the project costs. We look forward to working with you during the construction phase and to presenting our new facilities to the citizens of Arcadia next spring. Sincerely, LHC:jh NOTE: MR. COZAD IS CURRENTLY GENERAL MANAGER FOR THE SOUTHERN AREA OF THE LEAGUE OF CALFORNIA CITES (2133 624-4934 30Q NORTH "D" STREET, SAN BERNARDINO. CALIFORNIA 92418 W. R. "BOB" HOLCOMB Mayor Members of the Common Council Robert A. Castaneda ............ First Ward F^ward S. Wheeler, Jr .......... Second Ward \ liam Katona ................ Third Ward F :hard F. Gerwig ............ Fourth WardLionel E. Hudson .............. Fifth Ward John D. Hobbs ................ Sixth Ward Russell E. Lackner ........... Seventh Ward June 2, 1978 Mr. David Ruhnau Ruhnau, Evans, Ruhnau Associates 4200 Orange Street Riverside, CA 92501 Dear Mr. Ruhnau: Let me take this opportunity to express, on behalf of the City of San Bernardino, our appreciation and satisfaction with the master plan and conceptual development drawings for the Center for Indi- viduals with Disabilities and North Norton Park Complex. Your excellent work on this important community development project is a credit to your firm and demonstrates your expertise in the de- velopment of a complex recreational facility. This project is a joint effort between the San Bernardino Unified School District, City of San Bernardino, and County of San Bernar- dino. The retention of a knowledgeable architectural firm, such as Ruhnau, Evans, Ruhnau Associates, was and shall be in the future critical to the success of the overall project. We are looking forward to proceeding with the additional phases of development with great anticipation and the knowledge that your firm will give us the best product possible. CHARLES L. FIELD Recreation Superintendent CLF:js SECURITY PACIFIC NATIONAL BANK RIVERSIDE MAIN OFFICE, 3773 MAIN STREET, RIVERSIDE. • TELEPHONE (714) 781-1011 MAILING ADDRESS: POST OFFICE BOX 712, RIVERSIDE, CALIFORNIA 92502 November 1, 1983 San Diego Transit Corporation TOO Sixteenth Street San Diego, California 92112 Re: Ruhnau-Evans-Ruhnau Associates 1207 Elm Avenue Carlsbad, California 92000 Gentlemen: Ruhnau-Evans-Ruhnau Associates, Architects, has been our customer since 1957 and Herman Ruhnau, Chairman of the Board, a customer since 1947. The company and its principal officers are well known for their archi- tectural expertise and for the past twenty years has concentrated in public institutional designs. Mr. Ruhnau has been in the architectural industry since 1946. Some of the firm's architectural accomplishments have been the Riverside County Administrative Center, Riverside City Hall, Sherman Indian High School, Omnintrans Bus Maintenance Facility, Vista High School and several major projects in San Diego County. We have an excellent relationship with Mr. Herman Ruhnau, Mr. David Ruhnau and their company over the years. Credit requests have been minimal but what credit extensions that have been made were paid back on or before they were due. Based on our experience, Mr. Ruhnau1s and his company's financial reputation and integrity is unquestioned. R.L. Todd Vice President w Ruhnau McGavin Ruhnau/Associates 254 & 255 Q. 2 rO Q. eo NOCCi 0) I Q. 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E2 §'5> i^_ E3 'u K § i «^ 52euc cUJ Q COc .a uJSci'5Q.J=aSOOutOCOCOCOCOH H 1 H M es Electrical EngimEstimatorsPersonnel by Discipline:5 .AdministrativeArchitectscd i ^/c Geologic- I . f2 nyaroiogisisInterior DesianeCO I 52 i2>Landscape ArchMechanical EngMining Engince522uSLen e c P 0) Ci5 £ o ».E 's c <2 15CO CO " O M '=!££§•$?§E _ w £ S ca» •=• c "5 o o£ .2 o 2 o oOOO a UJUJ r- r- ««01u. nft>Ue&>C/) "* c?o X "Z o"2 °£» MSS gsS isc « c_ c c o Oo - - = S o'f E EO? |5»*«- ||ec §§51, WV>^V»< A t.ooil II/>v> c g'r-OJPJ'WUJtDI^IO r-r- Ol 1?52^ CO °°w r^>> ai +~ T™ § w eno r-.£ o? 52 COji>>- 0in co CO Q 00o to •o £en 8 ^ '> 03 fe£Summary of Professional SReceived: (insert index nunoi r™ r- ^ rH COn; u r- r* r £J i f\ IS ' 10 such experience, chJ2 t;§! i0 J= ? 1 'o 3 1 5 irect Federal contract work,II other domestic workII other foreign work'irms interested in foreign weo « V- « **Nog n £ p .c "o >. OTIS1 2z a o> 11olo «- CN IT V O IT; r- CC O"J Ocv r>. i\i r\i ^j IM c\j o. c j fo 8 fli ^—"£•§ft =« (02 "o 8« £ li. "5 k. OTIS1 220. la,12 -— ;M o r? ui f>c f- c3 o o s «re QJ£ *3en c 111 II! &Xuj -5 o »- «?fit£ 1 2co 2 a. ELL "o £ £1 llo. a. u '-r«n«rif)icr~eocioo *-v-I 1 1 . Project Examples. Last 5 Years II CompletionCost of Work Date(in thousands) • (Actual or! Estimated)Owner Name and Addresso '•5o3 1 1 K .-iy PLo '*'$ o>— e>n CM 00 O\ rH »_ . ., _ O CO• m Signal Landmark /Carl ton Browne17890 Skypark CircleIrvine, California 927071Airport Business CenterCarlsbad, California 92008d4 «N n vocfo CM inr- 0 O OO CM00o>iH \Or*t-i Paul Tchang3575 Kenyon StreetSan Dieao. California Q7im?Palomar Oak Industrial ParkCarlsbad, California 92008P< CM CO VDCTlo CM mr^o o oo !H 00• cnt-l O VDin Koll Development Company7330 Engineer RoadSan Diego, California 921113Carlsbad Research CenterCarlsbad, California 92008— ix CM CO VO Olo CM in r^o o o o i i 1 °° «"•> CM CM f"- CO CO 2w CT\ <J> j;^ ; -• : rn s I inr-Cabot, Cabot & Forbes8136 Miramar RoadSan Diego, California 92126-4Palomar Industrial ParkCarlsbad, Californiain CM Signal Landmark17890 Skypark CircleIrvine, California 927145 Cloverdale RanchEscondido, Californiai j1 i PLI j U i 1 r>mo CNJo 0 i inr-ro Daon Corporation3200 Park Center Drive, Ste. 1400Costa Mesa, California 92626cCarrillo Ranch .Carlsbad, Californiai 04 CM 00o r-o o t inr^m ' CM Judd Development Company10855 Sorrento Valley Rd., Ste. 10San Diego, California 921217Ivey RanchOceanside, Californiau CM 00o r- 0 0 CO ON rH vop.. 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UH co ! ! i | i l3inr-H'M-l.prH; i i 1 CCnrHiCOCQrlr ! i i !Oencdlxoid' : i i iar-Q,wcMCj: j :- I , i ' :i ; " • "" • j i i - ! !1 • ' CO i i i•0 ! :id i • ! :O i - i co id * id • • CO -H i -HO C ! CIH H >HCJ 0 OMH MHco -H : -ri ' rH rH •. Id i-H " rH Id ' JC Id •H CJ Id CJffi ' -p* ) C - Q)«O : O T3•P id S id CX! XIid Cfl SM CO O rH rH •H JH rl rl rH Id . Id Id< o : a u is, ' ^ " PM CMCTkrHr^CM CMCTlrHr^CM OOOrHrH OOOrHrH • ; 1 CM jco !en i rH ^ VO CM >H 0 X!BCO Q> O w0 -pcCO13 CO COJH CM COo •rl ^ * t7> •H 5 "Oidi-1 . U •p CO X)o <o~ T3c(0 COECO *~ t C/1 tyn ^o «; 0)EB5In I CO in c O D)£f£ e e> 2 — c O! ^ CO RICK ENGINEERING COMPANY-CARLSBAD PROJECTS L ^ \.-r-r\-.V- -".\ » -' \x X RIDGE SHEFFLER XELLEY LACUNA RIVICM AGUA HEDIOfJDA LC.P CARLSBAD RESEARCH AIRPORT BUSINESS HUMTIUGTON BEACH CABOT CABOT FORBES HUGHES AIRCRAFT PACIFIC POI ffT ALJA LU9K • 3PINNAKU1 HILLS LA COSTA CARftiLLQ RAHCH CARLSBAD OAKS LAKE CALAVERA HILLS AfRES STUDY SCALE- i~*4OCO SOUTHRIDGt r/li/tS -LEISURE TECH. WEUSEA t, R8Z Page 1 of 2 RICK ENGINEERING COMPANY - CARLSBAD PROJECTS 0) cd2; 4J O 0)•nOJ-i PM 1. Quail Ridge 2. Sheffler 3. Woodward/ Robertson 4. Kelley 5. Laguna Riviera 6. Agua Hedionda L.C.P. 7. Carlsbad Research Center, Koll 8. Airport Business Ctr. Signal Landmark 9. Huntington Beach Co. 10. Cabot Cabot Forbes 11. Hughes Aircraft 12. Pacific Point 13. Alta Mira 14. Lusk 15. Spinnaker Hills 16. La Costa 17. Carrillo Ranch 18. Carlsbad Oaks" 19. Lake Calavera Hills 20. Ayres Study 21. Southridge Trails Leisure Tech. ^iTJ -PCO Jx, 4J•H !— |•H.Q •Hcn(0 0) X X X X X X X X X X X X X X X X X X X X c(0 r-PM 0 •f-m •H O<uexw*>» ^<U•Pw fljs X X X X X X X X X X X X -. (X(0s o •H-Pm-pc0)EH X X X X X X X X X X X X X X X X -pcV• eM 0) CX cTo SW >-( CXrH• e «O H C tW ^-HO Cn PLICi— 1 -H » (0 T3 CC *0 (0•H MiH64 t3 &j X X X X X X X X X X X c •H XOS.pCO •tl4J (/] COO 'O rH O •H fci X X X X X X X X o0.o EH X X X X X X X X X X X X X X X X J_l (1) ^Jo 200+ Unit Res. Subdivision 80+ Unit Res. Subdivision 120 ac Res. Subdivision Res. Subdivision Re s . Subd i v i s ion Mult-Use Plan 560 ac Ind. Park 333 ac Ind. Park Gen. Plan Amend . /Annex . 300+ ac Ind. Park 50 ac Ind. Site Re s . Subd i vi s i on Res. Subdivision Mobile Home & Condo Site Res. Subdivision Several Thousand Lots (15 yrs) 800 ac Mixed Use Master Plan 600 ac Industrial Park 800 ac Res. Mstr. Planned Comn 1200 ac Study 800 ac Res. Community Page 2 of 2 Vehicle Maintenance Consultants 254 TJC 0- o. o S-CL OK 0 ena. 2 I ri oc to £res CD D QJ o s- r^ •• _ C_> 0 O £ S a) c r^ «•< o o O- f c +j .-.«J en oo Uc c ITJ_ OJ •-- x E +J 4-> QJ J-^ c^-.|- £••• «r- »r— ^ -«. «3 si « •=J s 3 c -s o S••-> Lfl *J 5 CO | J §OI <O 3 2•— CNJ O 3 rr U. r-H 3: CO £ CDS-o. r I n <J I ^ QJ CoVDcn CO *"* *xQ)Houston|« -<^ a*a> o c O if z a. !i CMCVIC^CVJCM CMCMOJCO a>£f8S_ Sg S6 § Bfio c m r- — in — co ro jo 5"itz & 5 «ro — rMro-srmvo*r5 — oooooog g —rsi(Njr«jrMrsirM "" " eI8m • .-. - "-|roovomoNOOONOcooN ro — s.a. L £ J5 « ON — m vo co ON r-ON vo r;ro<r m vo p-r* co co oo00000000 * 10 £ UJ tj • f O. I»IMl O C * 89f 0 0 Owner Name and Address1 X) 1 z1 & K*. b. «5B• « « •» 1*A * » COON 8 CM VIA Metropolitan Transil800 West MyrtleSan Antonio, Texas 782 1^_ c E 1£aE Short Range TransitProgramSan Antonio, Texas*- U CO o COON O CM Santa Clara County!555Berger DriveSan Jose, California 951_> "o ft) | +z u Guadalupe Corridor "ReviewSan Jose, CaliforniaCM U r2cooo in COON o0 o" t v> Q 'v> OC 00 ON Southern Calif. Rapid Tr425 South Main StreetLos Angeles, CaliforniaX i^ 'o .. 'E Central MaintenanceLos Angeles, Calif orw U ON m ONro«n r^oo o COON 8o^ o" u•- m t5 ro'- roQ ro Broward County TransitP.O. Box 2 1644Ft. Lauderdale, Floridax '5o[ [ (Uu o £ .E-§Copans Road Bus MaFt. Lauderdale, Flori-» U mroin — °K~1oCoC<j-ro p* ooors CNI COON O O _—City of Greeley91 9 7th StreetGreeley, Colorado 8063X ^~ "oou. a>u o Greeley Bus MaintenGreeley, Colorado10 U in roin ^-* O ~~ ro P«- oO O«N ro - ooin cvt •oU c •— D **» »- CO0 0D- ON Long Beach Public Trans1300 Gardenia AvenueLong Beach, CaliforniaX '5ou_ 0w o O o c "E'— ^~•s*£ M "o -5-5O O fl) CDcoco O^ O)c co o (0 u O\ ox o\CO ^^ 00oo o m COON 8o_ m *• o m O x ^_ "t j. u°u u (U (0 !&x s•5.0 o"5 City Maintenance OPlanning & ConceptlCasper, Wyoming^ CL ON in ONro in r*^o oo CM 00ON O8 o*IT) O ou. Dto "oXo go o c "o ' IE > inO — "~ .^^^^Cu "*" ^^ 'o ~ -6i D.B 8 toL_ to 1 CD 1 CJ ; UOON o^o^ <y\ vo cov> VO CM •COON O 8 oCO X Metropolitan Transit AuthorP.O. Box 6 1429Houston, Texas 77208.x "ooLL. flj 9 Kashmere Bus MaintenancHouston, TexasU in uo ON ooo ON 8 NO X *-Metropolitan Transit AuthorP.O. Box 6 1429Houston, Texasx uoU. 0)o ICPolk Street Bus MaintenanHouston, TexasU ON ON CO r-~00 0COON 8 ON £ -o •*- o Regional Transportation Dis1325 South Colorado BoulevDenver, Colorado 80222co 01 c a 11East Metro Division Bus MFacilityDenver, ColoradoUJ ON 00O COON O CM O V r- <$ 3s|u O O X .2 g S^^l ^Maintenance Facility AnalFunctional Design of NewPortland, OregonQ_ m ON 00 ON ONCO f» 0 O COCOON • 8 o in 5 c _o £2 Southern California Rapid T425 South Main StreetLos Angeles, California 90CJK ~ u.o>^East Los Angeles OperatinDivision 10Los Angeles, CaliforniaU ON iO ONco to r^ooo COON 0•a-^' X o D "ui_ o •X*- £ •* $> -^ C0 XjX ^ oc^ o 0)rioC.'^Rehabilitation of 9 MainteFacilitiesNew York City, New YorkU inr- 00 O\ ON O\ 8o-§ COON ' X • «•L_Metropolitan Transit AUthoP.O. Box 6 1429Houston, Texas 77208X"B to V) +*Maintenance Facility LocoHouston, TexasU CO COON 8 CM o CO 5 MUNI/Utilities Engineering693 Vermont StreetSan Francisco, California 9•— co .2 U- O 16Geneva Light Rail VehicleRehabilitation & ModernizSan Francisco, CaliforniaU ON ON O O ON r-CO CO 0 0 COON 0CM ommissiorU r? c Knoxville Metropolitan Plan400 Main Avenue, Suite 403Knoxville, Tennessee 37902X 8 •^Maintenance & OperationsNeeds StudyKnoxville, TennesseeD. ON CO COON O o *- __n Office of Transit Administn1 00 1 Loyola AvenueNew Orleans, Louisiana 70!St. Charles StreetcarRefurbishment ProgramNew Orleans, LouisianaU in o ON f^» ON CO CO CO OOO CM COON O CM t) ±: co Broward County Transit DisP.O. Box 2 1 644Ft. Lauderdale, Florida 333X •=uo 8 Kavenswood Bus MaintenaFt. Lauderdale, FloridaU ON § - COON OO CM" CO 5 O D Sacramento Regional TransportP.O. Box 2 110Sacramento, California 95810^^itenance Facilit]forniaExisting Bus MainSacramento, Cali1^^CM u ON ^ O .COON 8o CM"Metropolitan Transit AuthorityP.O. Box 6 1429Houston, Texas 77208X Southwest FacilitHouston, Texas^_ CV U ON00O COON vo X '»_o Metropolitan Transportation Au347 Madison AvenueNew York, New York 10017£3 "oO *5 S a> £ Hi Technical Inspectof Advanced DesiNew York City, h>CMCM U VOo 00ON o CMCM § 0-oo "> o = "5 <3§£ • UCLlE flj «o 75 o J! 'r- "O enance ProceduiheduHng for VefCollins, ColoraPreventive MaintiStandards, and Scand Buildings; Ft.COCM Q_ OCM O00ON O co V-o Florida Department of Transpor605 Suwanne StreetTallahasse, Florida 32301-8064C0)asota County Ar, FloridaFleet Audits, SanTransit, Sarasota,•^ CM Q. OCM ON VO Metropolitan Transit AuthorityP.O. Box 6 1429Houston, Texas 77208f SpecificationsTool & EquipmeniHouston, TexasinCM U oCM OCOON O tj *tZ "to Sacramento Regional Transit DiP.O. Box 21 10Sacramento, California 95810tu ent MaintenanceforniaInterim ManagemOperationSacramento, CaliCDCM U oCM COON — X Of~ r>Sacramento Regional Transit AIP.O. Box 2 110Sacramento, California 95810^_nee ManagemensmforniaVehicle MaintenaInformation SysteSacramento, CaliP>* CM -• U oCM OCOON in Metropolitan Transit AuthorityP.O. Box 6 1429Houston, Texas 77208E Inspection PrograHouston, TexasCOCM U oCM COON ooVO .0 Si Illinois Department of Transpor300 North State Street, Room 1Chicago, Illinois 60610CO0) D ~O to intenance Proce; State of Illinoii Evaluation of Mafor 12 Properties;Chicago, Illinoiso>CM 0. oCM COON ON CO•*- C C 10«*-o _ 1 S §0^ (J° %v-' / \ O_ w Xo v- 01 * I*".£ D C »*i to'5 fo!< ot_ o al en i Mechanic's Train!Ft. Worth, Texas0CO a. oCM CO ^^ Ot— ( O.•a: *« Q 1•p O)s_ Q. OQJ (U I/) C<D (U ( —o P c 0 1 H• ^i j=v ^>» -=j _c o c £ S * 5 M ^"*" w KOLL CONTRACTOR February 3, 198U Mr. Frank Aleshire City of Carlsbad 1200 Elm Avenue Carlsbad, Ca 92008 RE: Construction Management Proposal for the Carlsbad Public Safety and Service Center Dear Mr. Aleshire: Thank you very much for taking tne time to examine ana evaluate tnis construction management (C.M.) proposal for the Carlsbad Public Safety and Service Center. After discussing the project witn city officials ana tne architect, reviewing the master plan and touring the site we strongly feel that the services that we have proposed will help the city get maximum value for its' dollars and a project that the citizen's of Carlsbad can be proud of. Our proposal is divided into four sections. Section I introduces the construction management concept, the team organization and specific resumes on Roll management personnel. Section II details tne construction management services that are provided during the design and construction phases. A fee proposal is outlined in Section III ana a history of The Roll Company follows in section IV. A sample contract has been included in Appendix 1. There are several unique advantages in using Roll. The process that we propose has been used by Roll on over $500,000,000 worth of construction during the last five years. It's a time testea approach that works. Almost all major private sector developers and many public entities, including GSA, use the C.M. approach. The process can often save 5-155J over the traditional design/build method since the architect and builder have a chance to work together during design to help tne owner choose systems and materials based on quality, as well as costs. Roll's management approach allows complete bidding of all work so that the final cost to the City of Carlsbad is based on all labor and materials being competitively bid. This takes care of the state's requirements that all public agencies bid construction contracts. 7330 Engmee; Road • San Diego • California 92111-1464 • (619)292-5550 Our construction management approach is designed to minimize change orders because it puts the architect, engineers and the builder on the same team at the beginning of a project, i.e. during the design phase wnere decisions can be analyzed on paper instead of in the field where it can cost the owner money. Koll wants to work with the City of Carlsbad on tnis project because we are committed to furthering the communities interests. Our close working relationships that were established during evolution of Cansbad Research Center are an advantage because the communication channels are already established and our firm will be around to back-up its commitments. After your review of the enclosed material, please feel free to call me so that I can address any questions you may have. Yours sincerely, KOLL CONSTRUCTION COMPANY Kurt A. Tetzlaff Director, Business Development KAT:st KOLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD INDEX INTRODUCTION, TEAM ORGANIZATION AND KOLL MANAGEMENT RESUMES CONSTRUCTION MANAGEMENT Preconstruction Management Construction Mobilization CONTRACT AND FEE SCHEDULE HISTORY AND FINANCIAL REFERENCES GENERAL CONTRACT SECTION I SECTION II SECTION III SECTION IV APPENDIX 1 KOLL CONSTRDCTION COMPANY PUBLIC SAFETY AMD SERVICE CENTER CITY OF CARLSBAD SECTIONS - INTRODUCTION. TEAM ORGANIZATION AND ROLL MANAGEMENT RESUMES Based upon our discussions with various city officials, the project architect, Wendell Mounce, a review of the project concepts as outlined in the master plan by H. Wendell Mounce, A.I.A. and Associates, dated July 12, 1983, and a site tour, we strongly believe that the city can achieve its' objectives in a more efficient way by incorporating the services of a construction manager during the design and construction process. This approach will accomplish the city's goals of creating a cost effective and aesthetically pleasing Public Safety and Service Center. The project that the city envisions will be located on 26.3 acres in the geographical heart of Carlsbad. The first phase will consist of developing the sitework and during the initial meetings we will have to determine the exact scope of those improvements. It is our understanding that the city would like to commence sitework around August 1, 1984 and start construction of the buildings as soon as the plans are available thereafter. The first two buildings will be the police and fire administration building and the vehicle maintenance facility. At a future time the remaining support buildings, yard administration building and fire station will be constructed. The city wants the sitework and the first two buildings to come in at or below $9,000,000, be constructed in the manner that achieves the best prospect of future low term maintenance and operational costs, and delivered on schedule. TEAM ORGANIZATION The way to make this process work is to achieve the proper organizational structure. As we envision it, the city manager's office will be the management hub for all project coordination. Through this office the architect, engineers and the construction manager will be operating together to achieve the design concepts and documents while the city manager communicates this information to the city council, city departments and the steering committee. -1- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION I - INTRODUCTION. TEAM ORGANIZATION AND KOLL MANAGEMENT RESUMES Feeback from the city represent!ves will also go through the manager's office. In this process, the architect and construction manager trill work as a team with neither party being dominant over the other. Graphically, the concept is displayed below. CITY COUNCIL CITY DEPARTMENTS STEERING COMMITTEE I I I CITY MANAGER'S OFFICE Architect/Engineer Construction Manager Trade Contractors ROLL MANAGEMENT RESUMES The resumes of the senior managers that will be involved wltfi the City of Carlsbad are listed below. PROJECT MANAGEMENT TEAM Stanley F. Brockhoff President Stan Joined Roll Construction Company in 1973 after 15 years of construction management experience, including 11 years with C. L. Peck, Contractor in Los Angeles. As vice president at C. L. Peck, he was responsible for a major portion of their Increasing volume of work, including commercial and industrial developments, high-rise buildings, retail stores and shopping centers. As president for Roll Construction Company, Stan is responsible to each client for all areas of contract administration from contract negotiations to final completion. Bill Miller Vice President. Construction Manager — San Dieeo As vice president, Bill is totally responsible for all construction, financial and personnel decisions at the San Diego construction division of Roll. He works very closely with owners and architects so that each project has the necessary management support and resources for successful completion. Bill -2- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION I - INTRODUCTION. TEAM ORGANIZATION AND ROLL MANAGEMENT RESUMES has held this position with Roll for eight years and has participated in a variety of both negotiated and competitively bid office, commercial and industrial projects in San Diego County. Prior experience includes three years as a project manager for Roll and three years with C. L. Peck, Contractor. During those periods, Bill was involved in a variety of projects that included a regional mall, several office buildings, a multi-level, post-tension parking structure, a 450,000 S.F. distribution center and tenant improvements in two 20-story office buildings. He will be responsible to the City of Carlsbad and monitor the construction management process to insure that the project gets all of the benefits that Roll has to offer. Dennis Allison Senior Project Manaccer — San Diego As senior project manager, Dennis will be responsible for providing you with single point accountability. He will be involved during the entire design and construction periods. Under his direction, his starf will assemble the cost and scheduling information needed by the city and Wendell Mounce during the design process of the sitework and buildings. With the rest of the team, he will help develop the communication tools needed to maintain a fast schedule and assure that the budget is attained at a desirable quality level. All estimating, value engineering, scheduling and field construction will be under his control. Before achieving this management position two years ago, Dennis worked as a project manager for six years and as an estimator for three. He has built four 15-story concrete condominium towers at Coronado Shores and several office buildings before commencing on the construction management and field construction of the 20-story Wells Fargo Bank downtown, and Sierracin/Magnedyne and Chrysler Pacifica in Carlsbad. Dennis* construction career started after a three-year tour as a Marine infantry officer and graduation from San Diego State University with a degree in civil engineering. -3- KOLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION II - CONSTRUCTION MANAGEMENT Construction Management (C.M.) is a sophisticated and powerful approach to optimizing the project delivery process because it provides full control of design and construction. The Construction Management section has been divided into two specific categories: Preconstruction Management and Construction Mobilization. PRECONSTRUCTIQN MANAGEMENT Generally speaking the preconstructlon management phase involves the interaction of the owner, architect, engineering consultants and the general contractor and its subcontractors, from conceptual planning through schematic design, design development and final working drawings for the sitework and buildings. We fully believe that our clients must receive from their C.M. timely and accurate estimates, value engineering, and scheduling inputs during the design phase to insure that the final design, timing and cost of the work are totally consistent with the project objectives. During this time, it becomes very critical to have all of the C.M. 's resources close to the owner, project architects, local building officials and subcontractors for quick response to assure that the plans can proceed in a timely manner. This is a philosophy that Roll fully understands and believes in. It is one reason we moved to San Diego County in 1969- An important goal of our initial meeting will be to help create a team spirit which will carry through to maximize the success of your project. He believe that once all parties commit themselves to understanding their teammate's perspectives, the mutual contributions of all will generate a better solution for the various problems under analysis. At the team's initial meetings, everyone's project goals should be shared so that the entire team has the same understanding of quality, function, cost and schedule for this development. Roll will document the team's critical decisions and strategies developed during the design period and detail our communication methods for information requests, budgets and schedules. These understandings will direct our efforts during the subsequent design review, estimating and construction mobilization periods. A. Design Review Based upon your goals, Roll, in cooperation with all related parties, will participate in the completion of the design phase by performing the following functions: -4- KOLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION II - CONSTRUCTION MANAGEMENT (Continued) Prepare a master CPM schedule for the design and construction phases that incorporates project goals and the necessary responses of the owner, architect, consultants, approval bodies, Koll Construction Company, and subcontractors. This schedule will be shared with all team members, monitored and updated periodically, and every effort made to assure that you achieve your project goal of starting to grade in August, 1984. He will help determine the scope of the civil, structural and architectural drawings necessary to pull separate grading, excavation and foundation permits for an accelerated start on either of the buildings if this proves advantageous to your goals of having the project completed sooner. Review the site plan, including all of the facts relating to utility services, and adjacent offsite improvements, to insure it works from a construction standpoint. Review the various concrete and steel structural systems that may be considered for the police and fire administration buildings and 8the vehicle maintenance structure. Comparative cost estimates and labor/material availability studies will be performed so that the city manager can determine the optimal choice of structural systems after evaluating aesthetics, function, schedule and budget. Perform value engineering (comparative costing) by reviewing the architectural design components on a trade-by-trade basis to help determine whether alternate materials or methods should be considered and used because of cost, schedule or quality advantages. To improve this analysis, local Koll subcontractors will be consulted for their detailed input. By performing these analyses during design an owner can make more objective decisions about upgrading or downgrading materials and how the decision might effect future maintenance costs. Suggest alternate mechanical and electrical systems that may be incorporated in the final design. Often certain details can effect the bid prices if they are clearly shown in the plans and specifications. Manage or perform "life cycle costing studies", i.e., compare acquisition costs and operating expenses between systems and materials to be included in the design of the buildings. Often an Increase in the acquisition cost of a particular system or use of a material may realize substantially more savings in operating or -5- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION II - CONSTRUCTION MANAGEMENT (Continued) maintenance costs over the economic life of the buildings. Roll's ownership position gives owners a unique perspective on these studies because we own over 13 million S.F. of commercial space and will consult our asset managers as necessary to help determine long- term operational aspects of particular systems. o Investigate the present and future availability of the materials that are selected for construction. Early ordering of materials and equipment should be considered from the beginning to avoid bottlenecks and we will advise the owner as to which items should be pre-bid and awarded. o Analyze labor availability for all elements of work with respect to the construction schedule and make recommendations that will expedite construction and maintain the budget and aesthetics. o Confirm that all work in the plans and specifications is allocated to specific subcontractors wltn a maximum effort applied to insure that trade overlapping or jurisdictional disputes do not occur. B. Once selected we recommend that a conceptual estimate be performed to prove your budget. As preliminary documents evolve into greater detail, more definitive budget estimates will be prepared. These budget estimates will be the basis of design adjustments to insure that the final cost is consistent with your construction budget objective. Continual updating of these estimates will be performed to confirm that the design development and working drawings are totally consistent with previously approved budgets. Once the design review is completed construction mobilization will commence. CONSTRDCTION MOBILIZATION For this building project, all work, excluding Roll management supervision ana general conditions, will be competitively bid to trade contractors and material suppliers. For that reason, Roll Construction Company has established a strong relationship with many of the leading trade contractors and material suppliers in southern California. During the design phase, we will be in close contact with many of them so that their expertise can be professionally focused on maximizing the choice of materials ana systems ana incorporating their ideas into your plans. -6- KOLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION II - CONSTRDCTIQN MANAGEMENT (Continued) After the appropriate drawings and specifications are developed for the buildings, we will solicit bids. The time allowed for final bidding will be consistent with your schedule priorities and allow time to achieve full competitiveness. To insure the best bids, our project managers will be available to work closely wltn interested contractors so that tney understand their scope completely and can turn in tight numbers because they understand what is required. It is at this point that our local relationships really help because many trade contractors know our managers and superintendents and respect our reputation for carefully managing work. Consequently they can bid their work very competitively. A maximum effort will be made to award contracts and purchase orders at the lowest price consistent with quality and time of completion. After receiving the bids, but before awarding the contract, Roll will review each bid for completeness and insure that the scope of work is complete and well-defined, scheduling commitments reliable and the contractor financially capable. Only after this review will the city manager's office and the architect receive our competitive bid results and recommendations. Once the owner has selected the trade contractors or suppliers we will help draft the contracts between the owner and suppliers or trade contractors. B. Cost Control Payment for all labor, materials, equipment rental and trade contractor's invoices will be computer processed and handled by our accounting staff under the control of the Project Manager. All costs to date and commitments to completion are reported by line item accounts. Prepared monthly, a Consolidated Cost Report will show the current status of the Job cost compared to the project's final budget. As the C.M., we will prepare monthly updates for the owner to review and insure that each aspect of the work is proceeding on schedule and according to budget. We will review all billings for each contract and submit them to the city for payment arter verification that tney are correct. Subcontractors and their suppliers will provide conditional lien releases to insure that all obligations against any account are known and properly satisfied. Copies of all invoices with payment verification are recorded and filed for future reference and audit and all accounting records will be available to authorized city representatives. -7- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION II - CONSTRUCTION MANAGEMENT (Continued) C. Changes Owner Change Orders will be processed only if the specific change in work was not defined in the original scope of the contract documents. When a specific change is required by the city or the architect which appears to increase or decrease the cost of the work, Roll will work in the preparation of the required modifications and supplements to the plans and specifications. Afterward, we will work closely with the trade contractors to get the best possible prices and prepare and submit to the owner an estimate of the total cost of the change. Upon approval, we will purchase and accomplish the change in work. D. Field Management After the plans, specifications and budgets are completed, the field organization, using time-tested management procedures and systems, becomes key to the successful completion of your project. When the construction period is established, Roll will assign a field superintendent who will be responsible for the daily on-slte management of the project. His duties include planning and coordinating the various trade contractors and suppliers. As part of management control, he carerully monitors their work to insure compliance to plans, specifications and schedule, and logs the jobsite activities into a record book. As the company's field representative, the superintendent also maintains the safety and good housekeeping habits that prevent accidents and keep the job progressing in a timely manner. E. Building Turnover to Owner After substantial completion of each building, a Notice of Completion will be prepared. Before turning a building over, we will assist in testing the various systems and review the entire building with the city building manager. After a building is finished, Roll Construction Company will bind all operating and maintenance instructions, building department plans, warranties and guarantees into a Job manual and submit It to the Owner. As part of this manual, there will be a complete set of "as built" drawings which will show actual in-place conditions, and a list of material, labor and equipment suppliers with their respective addresses ana phone numbers. All construction records will be stored and available for review. Our standard warranty will be twelve months unless otherwise specified. -8- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION III - CONTRACT AND FEE SCHEDULE Contract For the previously discussed arrangement, Roll Construction Company recommends using the Associated General Contractor's STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND THE CONSTRUCTION MANAGER, AGC Document No. 8. A copy of that contract is included as Appendix I. Additional modifications may be required to this contract to accommodate special conditions, and if so, will be mutually acceptable to all parties. If you wish to consider an alternative contract format, we will be pleased to consider a different approach. Contractor's Fees The AGC Document No. 8 sets forth in detail the basis for the Construction Manager's Fee in Article 7, and the basis for reimbursable costs under Article 8. Using this as a basis we propose that the fee for the Design Phase work be •equal to $5^,000. This is in addition to reimbursable costs for managers and other defined costs (Article 8), which in our experience for projects of this size and complexity has cost between $30,000 and $50,000. The Construction Phase fee will be equal to $250,000, which is based upon a $9 million construction cost for the sitework, police and fire administration and the vehicle maintenance facility. Change orders]will not be assessed a C.M. fee unless the aggregate of additive and deductive change orders exceed the final budget by 5%. Then the C.M. fee for change orders will be equal to 3% of the value or the change order on additive change orders. -9- ROLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTIQim: - HISTOBY AND FINANCIAL REFERENCES History Roll Construction Company was founded in 1962 by Donald M. Roll as a general construction contractor. Since that time, the company has established an experience record in a variety of successful building projects. Today, all of our construction projects are done for outside clients, but approximately 25% of our volume is contracted through partnerships that include Roll shareholders. This year's volume will exceed $200,000,000. Headquartered in Newport Beach, California, Koll operates regional offices in San Diego, San Jose, Seattle, Portland and Phoenix. Each construction division office is a separate operating center which is headed by a construction manager who is supported by a management team that has a working knowledge and personal interest in the local business community. Listed below are the job classifications and number of employees for Koll Construction Company, Contractor. Executives 18 Project Managers and Engineers 57 Accounting Staff 17 Field Superintendents 45 The San Diego office was established in 1969. Since that time, it has grown into a full service organization offering construction management, general contracting and tenant improvement services. Bernie Fipp is division president and Bill Miller is a vice president. They strongly believe in our management philosophy that carefully matches up a senior project manager and team that stays with the project from concept through the warranty period to insure continuity and accountability. The San Diego office has established an on-going, successful relationship with San Diego government officials and building department personnel. In addition to our relationships with these local officials and regulatory agencies, our geographic dispersion gives us access to many qualified trade contractors and suppliers. This creates that opportunity to "pick and choose" from a wider group to maximize our input during the design phase and generate competitive prices for construction. This mutual respect and goodwill with local officials as well as with qualified subcontractors, suppliers and related regulatory agencies has helped us become known as one of the leading west coast general contractors and construction managers. -10- KOLL CONSTRUCTION COMPANY PUBLIC SAFETY AND SERVICE CENTER CITY OF CARLSBAD SECTION IV - HISTORY AND FINANCIAL REFERENCES (Continued) Roll Construction Company offers to its clients an unqualified performance and payment bonding capability provided through Safeco Insurance Company of America. If you wish to verify our bonding capability, please contact: Mr. Frank Legrand Alexander and Alexander 1900 East Fourth Street, Suite 200 Santa Ana, California 92602 714/558-0101 Our principal banks are Wells Fargo Bank and Union Bank. If you wish additional information concerning our financial history, please contact either or both of the following individuals: Mr. Jack Grundhofer Mr. John Farmer Executive Vice President Regional Vice President Wells Fargo Bank Union Bank 600 Newport Center Drive Main Street at La Veta Newport Beach, California 92660 Orange, California 92667 714/759-0791 714/558-5222 Litigation For the past eight years, Koll Construction Company has had no record of unmeritorious litigation directed toward owners or architects as a result of the business activities of the San Diego office. Corporate References Will be furnished upon request. -11- KOLL CONTRACTOR CONSTRUCTION MANAGEMENT ADVANTAGES Phase construction so inflationary pressures are mitigated to the city by bidding the project sooner. (£ to \% of project value for each month saved). Evaluate various building systems, materials and construction techniques during design to create maximum value for dollars expended. (Up to 5% savings). Field execution of the work proceeds better because the architect and construction manager have had a chance to work together during design and are in consensus about project goals. Recommend trade contractors based on competitive bid costs and ability to perform quality work, on schedule. Evaluate billings to assure that they match work in place so city can earn interest on its money for as long as possible. Finish project sooner so city management can take advantage of new facility efficiencies and stop rental payments on existing space as soon as possible. The construction management fee is comparable to, and replaces, the general contractor's fee of the traditional design/bid approach. The fee can be substantially less than the total savings generated by properly executing the C.M. approach. 7330 Engineer Road • San Diego • California 92111-1464 • (619) 292-5550 KOLL CONTRACTOR ADVANTAGES OF KOLL CONSTRUCTION MANAGEMENT LOCAL EXPERIENCED OWNER INSIGHTS MANAGEMENT DEPTH COMMUNICATIONS ONSITE FIELD SUPERVISION Kol1 is a committed corporate citizen of Carlsbad and will be around to back up its commitments. Kol1 has used the C.M. concept on over 50 projects of the size and cost of the Carlsbad Public Safety and Service Center. Our demonstrated experience will bring in a quality project, on budget, on schedule. As an owner of over 13 million S.F. of commercial real estate we know the value of examining materials and systems for long term maintenance and operational cost imp!ications. Kol1 has a construction management staff of 12 managers and 8 superintendents in San Diego County. This means continuity regardless if a staff member gets hurt or sick. Koll will assign a project team that will be headed by a project manager for single point control. A full time superintendent will be assigned prior to starting sitework. TRADE CONTRACTOR Koll knows the trade contractor market since we have RELATIONSHIPS been in San Diego County for 14 years and because of our volume, trade contractors are motivated to perform. MANAGEMENT FEE Carlsbad's costs for Koll Construction Management is less than the traditional design/bid approach using a general contractor. Our fee of 3$ is comparable to a general contractor's, but includes the total management service. -2- 7330 Engineer Road • San Diego • California 92111-1464 • (619) 292-5550 KOLL CONTRACTOR TEAM MEMBER INVOLVEMENT Design Phase (Site and Buildings) Construction Phase (Site and Buildings) Architect Involvement (March 1, Kol1 Construction Management Team Involvement Kol1 Superintendent Involvement -3- 7330 Engineer Road • San Diego • California 92111-1464 • (619) 292-5550 jitan Biojo Union Sunday, January 29,1964 F-31 Bringing a new spirit of cooperation to construction The construction management approach to building has brought a new spirit of cooperation to the building busi- ness — one that is designed to save time and money and produce the best possible product. That's how Bill Miller, construction vice president for the southern division of The Koll Co., headquartered here, views the 20-year history of this aspect of his profession. But construction management may never be in a posi- tion to wash away more traditional ways to bid and man- age construction projects. Still, Miller and his leading competitors for San Diego projects are leaning more and more toward construction management approaches, concentrating on negotiating contracts with owners and developers rather than the traditional "hard bidding." Bidding still is an important part of the process, Miller explained. However, to achieve competitive prices, the difference is that the construction manager receives bids from companies wishing to participate in the project as subcontractors and suppliers. They are selected on the basis of qualifications, workload and price. The risk of winding up with a subcontractor or supplier whose per- formance does not meet project standards is lessened through this approach. "Construction management, in my view, is the most cost effective and time effective way to deliver a project." Miller said "And that's because it's a team approach. That's important. Savings are realized because every member of the team has an intimate knowledge of what the goals are. Each member of the team is an active participant in developing the plan for each of those goals. Ideally, this team will be assembled at the time concept drawings are started. "In a construction management program," Miller ex- plained, "when selected on a fee basis, the manager is hired for his expertise. The construction manager knows how much money he is going to make Once the fee is established, the construction manager's motivation is to do the most professional job possible " Because they are acting as the owners' agent and part of a team pulling together to achieve the project's goals. Miller feels the construction managers eventually will capture a greater share of the building business "Everything the construction manager does is for the benefit of the owner," Miller said. "The byproduct is that the construction manager's reputation grows and so does his business base. When an owner hires a construction manager on a fee basis, we become his representative in everything connected with the project. It is our obligation to work on the owner's behalf in getting the best prices, the best product and a timely completion." Miller said his company has leaned more toward nego- tiating contracts than bidding because it has embraced the construction management approach. "I'd say we're about 90 percent negotiated jobs and 10 percent bid. We prefer to become involved with a project at the-nsanceptual stage because we find we can often eliminate or overcome scheduling or cost problems which are inherent in construction projects ... That often elimi- nates having to do design work over. The construction 'Construction management, in my view, is the most cost-effective and time-effective way lo deliver a project. And that's because it's a team approach.' — Bill Miller management team approach allows everybody the oppor- tunity to anticipate problems and solve them before they run up project costs." Miller cited, as an example, an office project his com- pany is working on in Mission Valley. The team was analyzing the structural system for cost and speed of construction. Many office buildings use a steel frame, with wood trusses, plywood and lightweight concrete. Because of the building's configuration, howev- er, it was determined that a steel deck with concrete met fire code and was less expensive because it alleviated the need for sprinklers and fire-rated drywall on the under- side of the wood floor alternative. Going to this more cost-efficient system saved the owner more than $45,000. By the time dirt is turned on a project, Miller said. "We really know a project inside and out. It makes the field operation a lot more efficient. We're tracking dollars all the way down the line and as long as everything st:iys on track and everyone's paying attention to the original budget, there will be no financial surprises." All construction projects, of course, must make allow- ances for contingencies such as increases in the costs of material or labor. "As a construction manager negotiating contn-cts it behooves us to be skillful when anticipating these con- tingencies because we're agreeing to complete the project at a set price." Still, Miller, who has been in the construction business more than 15 years, knows the traditional hard bidding, general contracting approach continues to dominate his profession. "That approach may save 1 or 2 percent on the sur- face." he said. "It's difficult to track what might have been saved through the construction management pro- cess. Construction management might save much more than that by eliminating redesign, lower contract costs by shortening the design construction process, or choosing less expensive materials during design. If the construc- tion manager is doing his job, the owner is going to be pleased with the results and get more value for his money. "We still practice both approaches, but prefer construc- tion management. It's absolutely the best way to deliver a project" Government Center: Left two buildings, Pre-Trial Detention Facility; Center, Hall of Justice buildings; right, Administration. Construction Management/Fast Track Schedule Saves $10.4 Million for Government Center <ro ec o Ou•I UJI 26 V entura County, Calif, officials are smiling these days. Why? They've saved the county $10.4 million in a new $46.9 million Government Center construction project through use of fast-track scheduling and construction management, a relatively new concept in the far west. County executives recognized the need for an efficient management approach if the three-building center on a 77-acre site was to be completed within budget and on schedule, par- ticularly by keeping construction costs in line in the midst of an inflationary construction market. The incentive to use the construction management (CM) approach was provided by County Executive Monty C. Lish and Project Administrator New Ventura County Government Center as of last August shows central court- yard under construction with 336,000 sq. ft. Administration Building, background. Fast Track scheduling shaved 18 months off construction time. William A. Grist. Says Lish: "We knew it would take professional management of high calibre to keep costs in line and appreciated the fact that a project of this magnitude—more than 775,000 sq. ft. of building space—would require the kind of intensive and extensive scheduling procedures inherent in CM if we were to plan a realistic move-in date without constant revisions due to construction delays caused by late delivery of materials and supplies." The new Center, currently on schedule and below budget, replaces a number of small, crowded buildings scattered over the city of Ventura. Rents and associated costs, such as janitorial services and car rental fees for trans- porting county personnel between locations, was $1 million annually. The Center includes three buildings: a 336,000 sq. ft. Administration hnjMipg, a 364,000 sq. ft. 'Hall_pf Justice and a 75,000 sq. ft. Service building- The CM fast-track technique allows site work to begin even before the design is finalized, thus treating design and construction phases as integrated tasks. Picked from an initial field of 25 proposals that was narrowed to a dozen, then four competing firms, Turner Construction Co. and its Los Angeles office began designing the "fast-track" schedule of phased construction that was to put the overall project on schedule and keep it there. Almost 18 months were shaved off the original estimated schedule through early or- dering and procurement of long-lead time items, such as structural steel, precast concrete, boilers, chillers, electrical switch gear and generators. Result: A county saving of $10.4 million under the traditional project management approach. Team Indoctrinated in CM "During the selection process by the county, several county officials, in- cluding Grist, the project engineer, and a staff attorney, attended several construction industry seminars dealing with CM. This 'team' indoctrination was invaluable because it gave us an opportunity to look at the concept from several viewpoints: practical, engineering and legal," Grist noted. The county officials subsequently developed a "scope of work" plan and advertised for proposals based upon that plan from firms in construction management. "The decision to select our CM was based to a great extent upon references from current and former clients. After interviewing dozens of firms and government agencies for whom the final four candidate firms had worked. Turner was selected as the company which seemed best suited and qualified for the job," Grist recalled. "As a member of the building team which also includes the owner and architect, we look at a project's planning, design and construction phases as integrated tasks, rather than separate functions," said Turner Project Executive Chuck Harger. o 00 §"• = i ° 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 "• • oJ<3£ £ s d 16 it> o i 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN ARCHITECTURAL SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RUHNAU, McGAVIN, RUHNAU FOR SERVICES PERFORMED FOR CONSTRUCTION OF THE PUBLIC SAFETY CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Carlsbad and Ruhnau, McGavin, Ruhnau have reached an agreement regarding the provision of architectural services for construction of the Public Safety Center, a copy marked Exhibit A attached hereto and made a part hereof, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad and Ruhnau, McGavin, Ruhnau regarding the provision of architectural services for construction of the Public Safety Center 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 City Council of the City of Carlsbad, California, held on the 15th day of May _, 1984, by the following vote to wit: AYES: Council Members Casler, Lewis, Chick and Prescott NOES: None ABSENT: Council Member Kulchin ATTEST: MARY H. QASLER, Mayor AL.ETHA L. RAUTENK THE AMERICAN INSTITUTE OF ARCHITECTS AM Document B141/CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Architect 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AIA Documents B801,1980; A101/CM, 1980; and A201/CM, 1980. AGREEMENT made as of the 15th day of May in the year of Nineteen Hundred and eighty four. BETWEEN the Owner: The City of Carlsbad, a California Municipal Corporation and the Architect: Ruhnau, McGavin, Ruhnau Associates For the following Project: city of Carlsbad Public Safety and Service Center (Include detailed description ol Proi«ci location and tcopc.) as described in the master plan - site development report prepared by H. Wendell Mounce A.I.A. and Associates on file with the City and incorporated by reference herein the Construction Manager: The Koll Company, Contractor The Owner and the Architect agree as set forth below. Copyright 1975. • I960, by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, DC. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 1141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1»IO EDITION AIA* • ClttO • THE AMERICAN INSTITUTE Of ARCHITECTS. 17M NEW YORK AVENUE. N.W., WASHINGTON, D.C XOOt B141/CM—1980 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES •ASICSERVICB Unless modified by Article 15, the Architect's Basic Services shall be provided in conjunction with, and in reliance upon, the services of a Construction Manager as 'described in the Standard Form of Agreement Between Owner and Construction Man- ager, AIA Document B801, 1980 Edition. They shall consist of the ;five Phases described in Paragraphs 1.1 through T3, inclusive, and include normal structural, mechanical and electrical engineering services, and .any uther services included in Article 15 as part of Basic'Services. 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The architect shall review the master plan - site development plan and schematic floor plan to ascertain the requirements of the project and shall review and confirm the understanding of these requirements and other design parameters with the owner and the construction manager. 1.1.2 The architect shall be respon- sible for any other actions reasonably necessary to enable him to proceed with the design development phase. 1.2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved development plan . and any adjustments authorized by the Owner in the program or the Project budget, the Architect shall prepare, for approval by the Owner, the Design Develop- ment Documents consisting of drawings, outline specifi- cations and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate. 1.2.2 At intervals appropriate to the progress of the De- sign Development Phase, the Architect shall provide de- sign development documents for the Construction Man- ager's review, which will be made so as to cause no delay to the Architect. 1.2.3 Upon completion of the Design Development Phase, the Architect shall provide the Construction Man- ager with drawings, outline specifications and other doc- uments approved by the Owner for use in preparing a further estimate of Construction Cost, and shall assist the Construction Manager in preparing such estimate of Con- struction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments, and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall keep the Construction Manager informed of any changes in requirements or in construc- tion materials, systems or equipment as the Drawings and Specifications are developed so that the Construction Manager can adjust the estimate of Construction Cost appropriately. 1.3.3 The Architect shall assist the Owner and the Con- struction Manager in the preparation of the necessary bid- ding information, bidding forms, the Conditions of the Contracts, and the forms of Agreement between the Owner and the Contractors. 1.3.4 The Architect shall assist the Owner and the Con- struction Manager in connection with the Owner's re- sponsibility for filing documents required for the approv- als of governmental authorities having jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and the latest estimate of Construction Cost, shall assist the Construction Manager in obtaining Bids or by rendering interpretations and clarifications or the Drawings and Specifications in appropriate written form. The Architect shall assist the Construction Manager in conducting pre- award conferences with successful Bidders. US CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the awafld of the initial Contract for Construction and, to- gether with the Architect's obligation to provide Basic Services under this Agreement, will end when final pay- ment to all Contractors is due, or in the absence of a final Project Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Proj- ect whichever occurs first. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect, in cooperation with the Construction Manager, shall pro- AIA DOCUMENT 1141/04 . OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT COITION « JUNE 1WO fOITION _,-,,._ AIA* • ClttO . THE AMERICAN INSTITUTE Of ARCHITECTS. 17JS NEW VOWC AVENUE, N.W., WASHINGTON, O.C 2000* B141/CM—1980 2 7 vide administration of the Contracts for Construction as set forth below4 1.53 The Architect and the Construction Manager -shall advise and consult with the Owner during the Construc- tion Phase. All instructions to the Contractors shall be forwarded through the Construction Manager. The Archi- tect and the Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in accordance with Subparagraph 1.5.18. 1.5.4 The Architect shall visit the site at intervals appro- priate to the stage of construction, or as otherwise agreed by the Architect in writing, to become generally familiar with the progress and quality of Work and to determine in general if Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspec- tions to check the quality or quantity of Work. On the basis of such on-site observations as an architect, the Ar- chitect shall keep the Owner informed of the progress and quality of Work, and shall endeavor to guard the Owner against defects and deficiencies in Work of the Contractors. 1.5.5 The Architect shall not be responsible for, nor have control or charge of, construction means, methods, techniques, sequences or procedures, or for safety pre- cautions and programs in connection with the Project, and shall not be responsible for Contractors' failure to carry out Work in accordance with the Contract Doc- uments. The Architect shall not be responsible for, nor have control over, the acts or omissions of the Contrac- tors, Subcontractors, any of their agents or employees, or any other persons performing any Work, nor shall the Ar- chitect be responsible for the Construction Manager's obligations as an agent of the Owner. 1.5.6 The Architect shall at all times have access to Work wherever it is in preparation or progress. 1.5.7 Based on the Architect's observations at the site, the recommendations of the Construction Manager and an evaluation of the Project Application for Payment, the Architect shall determine the amounts owing to the Con- tractors and shall issue a Project Certificate for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Project Certificate for Payment shall constitute a representation by the Architect to the Owner that, based on the Architect's observations at the site as provided in Subparagraph 1.5.4 and on the data comprising the Project Application for Payment, Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of Work is in accordance with the Contract Doc- uments (subject to an evaluation of Work for conform- ance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifi- cations stated in the Project Certificate for Payment); and that the Contractors are entitled to payment in the amount certified. However, the issuance of a Project Cer- tificate for Payment shall not be a representation that the Architect has made any examination to ascertain how or for what purpose the Contractors have used the monies paid on account of the Contract Sums. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractors. The Architect shall render interpretations necessary for the proper execution or progress of Work, with reasonable promptness and in accordance with agreed upon time limits. The Architect shall render writ- ten decisions, within a reasonable time, on all claims, dis- putes and other matters in question between the Owner and the Contractors relating to the execution or progress of Work or the interpretation of the Contract Documents. 1.5.10 All interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably in- ferable from, the Contract Documents, and shall be in writing or in graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the Owner and the Contractors, shall not show partiality, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.5.11 The Architect's decision in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 13.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents, and whenever, in the Architect's reasonable opinion, it is nec- essary or advisable for the implementation of the intent of the Contract Documents, the Architect shall have au- thority to require special inspection or testing of Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated. In- stalled or completed; but the Architect shall take such action only after consultation with the Construction Manager. 1.5.13 The Architect shall receive Contractors' submit- tals such as Shop Drawings, Product Data and Samples from the Construction Manager and shall review and ap- prove or take other appropriate action upon them, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.5.14 The Architect shall review and sign or take other appropriate action on Change Orders prepared by the Construction Manager for the Owner's authorization in accordance with the Contract Documents. 1.5.15 The Architect shall have authority to order minor changes in Work not involving an adjustment in a Con- tract Sum or an extension of a Contract Time and which are not inconsistent with the intent of the Contract Doc- uments. Such changes shall be effected by written order issued through the Construction Manager. AIA DOCUMINT 1141/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION3 B141/CM—1980 AIA* • «>i9eo . THE AMERICAN INSTITUTE Of ARCHITECTS, nrjs NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 1.5.1* The Architect, assisted by the Construction Man- ager shall conduct inspections to determine the Dates of Substantial Completion and final completion and shall issue appropriate Project Certificates for Payment 1.5.17 The Architect shall assist the Construction Man- ager in receiving and forwarding to the Owner for the Owner's review written warranties and related documents assembled by the Contractors. 1.5.18 The extent of the duties, responsibilities and lim- itations of authority of the Architect as a representative of the Owner during construction shall not be modified or extended without the written consent of the Owner, the Contractors, the Architect and the Construction Man- ager, which consent shall not be unreasonably withheld. 1.6 MtOlfCT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and the Architect agree that more extensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Ar- chitect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall be selected, employed and directed by the Archjtect, and the Archi- tect shall be compensated therefor as mutually agreed between the Owner and the Architect, as set forth in an exhibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.63 Through the observations of such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in Work, but the furnishing of such Project representation shall not modify the rights, responsibilities or obligations of the AfchJtect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. • 1.7.1 Providing analyses of the Owner's needs, and pro- gramming the requirements of the Project. 1.7.2 Providing financial feasibility or other special studies. 1.7J Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.73 Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Providing services in connection with alternative designs for cost estimating or bidding purposes. 1.7.7 Providing coordination of work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of separate consultants, other than the Construction Man- ager, retained by the Owner. 1.7.9 Providing interior design and other similar services required for or in connection with the selection, procure- ment or installation of furniture, furnishings and related equipment. 1.7.10 Providing services for planning tenant or rental spaces. 1.7.11 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments, or are due to other causes not solely within the control of the Architect. 1.7.12 Preparing Drawings, Specifications and support- ing data and providing other services in connection with Change Orders. If Basic Compensation is to be adjusted according to adjustments in Construction Cost, to the extent that any Change Order not required by causes solely within the control of the Architect results in an adjustment in the Basic Compensation not commensurate with the services required of the Architect, compensation shall be equitably adjusted. 1.7.13 Making investigations, surveys, valuations, inven- tories, detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.14 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.15 Providing services made necessary by the failure of performance, the termination or default of the Con- struction Manager; by default of a Contractor; by ma- jor defects or deficiencies in the Work of any Contractor; or by failure of performance of eithfer the Owner or any Contractor under the Contracts for Construction. 1.7.17 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.18 Providing services after issuance to the Owner of the final Project Certificate for Payment. 1.7.19 Preparing to serve or serving as a witness in con- nection with any arbitration proceeding or legal proceeding. 1.7.20 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1.7.21 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. AIA DOCUMENT BUI/CM • OWNER-ARCHITECT AGREEMENT . CONSTRUCTION MANAGEMENT EDITION • |UNE 1MO EDITION _,.,._.. „-... AIA» • «1MO . THE AMERICAN INSTITUTE Of ARCHITECTS. 17JS NEW YORK AVENUE. N.W., WASHINGTON. D.C. 2W06 B141rt_M—1SBO 4 1J TIMi 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which shall be adjusted as re- quired as the Project proceeds, and which shall include allowances for periods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. The Archi- tect shall consult with the Construction Manager to coor- dinate the Architect's time schedule with- the Project Schedule. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The Owner shall provide a budget for the Project based on consultation with the Architect and the Con- struction Manager, which shall include contingencies for bidding, changes during construction and other costs which are the responsibility of the Owner. 2.3 The Owner shall designate a representative author- ized to act in the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Archi- tect's services. 2.4 The Owner shall retain a construction manager to manage the Project. The Construction Manager's services, duties and responsibilities will be as described in the Agreement Between Owner and Construction Manager, AIA Document B801, 1980 Edition. The Terms and Con- ditions of the Owner-Construction Manager Agreement will be furnished to the Architect and will not be modi- fied without written consent of the Architect, which con- sent shall not be unreasonably withheld. Actions taken by the Construction Manager as agent of the Owner shall be the acts of the Owner, and the Architect shall not be responsible for them. 2.5 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available ser- vice and utility lines both public and private, above and below grade, including inverts and depths. 2.6 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests including necessary operations for deter- mining subsoil, air and water conditions, with reports and appropriate professional recommendations. 2.7 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.8 The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary for the Project, including such auditing services as the Owner may require to verify the Project Applications for Pay- ment or to ascertain how or for what purposes the Con- tractors have used the monies paid by or on behalf of the Owner. 2.9 The services, information, surveys and reports re- quired by Paragraphs 2.5 through 2.8, inclusive, shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon their accuracy and completeness. 2.10 If the Owner observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect and the Construction Manager. 2.11 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services and Work of the Contractors. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall also include the Construction Manager's compensation for services. Reimbursable Costs and the cost of work provided by the Construction Manager. 3.13 Construction Cost does not include the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Article 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 The Architect, as a design professional familiar with the construction industry, shall assist the Construc- tion Manager in evaluating the Owner's Project budget and shall review the estimates of Construction Cost pre- pared by the Construction Manager. It is recognized, however, that neither the Architect, the Construction Manager nor the Owner has control over the cost of la- bor, materials or equipment, over the Contractors' meth- ods of determining Bid prices, or over competitive bid- ding, market . . Accordingly, the Architect cannot and does not warrant or represent that e m,..,n. .... *'* DOCUMENT IM1/CM . OWNER-ARCHITECT ACHUMINT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1MO EDITION5 8141/CM—1980 AIA* • CIMO . THE AMERICAN INSTITUTE Of ARCHITECTS, ins NEW YORK AVENUE, N.W., WASHINGTON, o.c. Bid prices will not vary from the Project buaget proposed, established or approved by the Owner, if any, or from the estimate of Construction Cost or other cost estimate or evaluation prepared by the Construction Manager. 3.2J No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget. The Construction Manager will include in the project budget customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pen- sions and similar contributions and benefits. contingencies for design, bidding and price esca- lation, and will consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Docu- ments, to make reasonable adjustments in the scope of the Project, and to include in the Contract Documents alternate Bids to adjust the Construction Cost to the project budget. 3.2.4 .If the project budaet is exceeded by the sum of the lowest figures from bona fide Bids plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall (1) give written approval of an increase in such budget (2) authorize rebidding or renegotiation of the Project or portions of the Project within a reason- able time, (3) if the Project is abandoned, terminate this agreement or <4> cooperate in re-vising the Project scope and quality as required to reduce the Construction Cost. In the case of item (4), the Archi- tect shall modify the Drawings and Specifications as nec- essary to permit the receipt of new bids within the project budget. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and 6.1 ARTICLE 6 PAYMENTS TO THE ARCHITECT PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.2 Payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1 J If and to the extent that the period initially estab- lished for the Construction Phase of the Project is ex- ceeded or extended through no fault of the Architect, compensation for Basic Services required for such ex- tended period of Administration of the Construction Con- tracts shall be equitably adjusted. AIA DOCUMENT H41/CM * OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE U« EDITION AIA» • C1MO . THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVENUE. N.W.. WASHINGTON, O.C 2000* B141/CM—1980 6 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services, as defined in Paragraph 1.7, and for Reimburs- able Expenses, as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of changes in Construction Cost other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR ABANDONMENT 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to re- ceipt of written notice from the Owner of such suspen- sion or abandonment, in accordance with Article 15. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of ! expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. IOM iMI/CM • OWNER-ARCHITECT AGREEMENT « CONSTRUCTION MANAGEMENT EDITION • IUNJ 1«0 EDITION —19BU AIA« • C1MO • THE AMERICAN INSTITUTE Of ARCHITECTS 173$ NEW YORK AVENUE. N.W.. WASHINGTON. O.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 BASIC COMPENSATION 14.1J FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: A fee not to exceed $470,000.00. 14.1.2 Payments for Basic Ser- vices shall be made as provided in Subptftagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Design Development Phase: percent•{ 25 %) Construction Documents Phase: percent ( 60 %) Bidding or Negotiation Phase: percent ( ~0- %) Construction Phase: percent { 15 %) AIA DOCUMENT W41/CM • OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE HBO EDITION _ AIA* • eiMO « THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C 20006 B141/CM 1980 9 ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed bv the law of the principal place of business of the owner. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the relevant Date of Substantial Completion of the Project, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion of the Project, not later than the date of issuance of the final Project Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other, and against the contractors, consult- ants, agents and employees of the other, for damages cov- ered by any property insurance during construction, as set forth in the 1980 Edition of AIA Document A201/CM, General Conditions of the Contract for Construction, Construction Management Edition. The Owner and the Architect shall each require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement, and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the Architect. 13.2 Nothing contained herein shall be deemed to create any contractual relationship between the Architect and the Construction Manager or any of the Contractors, Subcontractors or material suppliers on the Project; nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the Owner or the Architect which does not otherwise exist without regard to this Agreement. AIA DOCUMENT R141/CM « OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1MO EDITION _„.,._.. M/. . AIA* « C1MO • THE AMERICAN INSTITUTE OF ARCHITECTS. UJS NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 B141/CM 1980 8 14.2 COMFSNSATION KM AODITIONAl SfRVICES 14 2 J. FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services included in Article 15 as part of Additional Services, but excluding Additional Services of consultants, compensation shaH be computed as follows: To be negotiated between architect and owner. . 2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engi- neering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Additional Services, a multiple of one point two (1.2 ) times the amounts billed to the Architect for such services. 14 . 3 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14. 3.1 IF THE SCOPE of the Project or the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. 14 3. 2 |p -THE SERVICES covered by this Agreement have not been completed within thirty Six ( 36 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT C141/CM • OWNER-ARCHITECT ACUEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE ISflO EDITION _ AIA« • ClttO . THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS NEW YORK AVENUE. N.W.. WASHINGTON, O.C JCOOt B141/CM—1980 10 ARTICLE 15 • Other Conditions or Services 15.1 The following applies to Article 1. The architect shall not prepare the construction documents until owner has accepted the work done by architect for the design development phase and directed the architect to proceed. Paragraph 1.4.1 is clarified to include assistance by architect in the review and evaluation of construction bids and alternates and the preparation of addenda as required. 15.2 The following paragraphs are added to Article 1. 1.2.4 In designing the police/fire/administration building the architect will consider the special nature of the proposed use of the building and will use standards for design which are approved by the police chief and the fire chief. 1.2.5 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, location and project budget. The architect shall be governed by the standards adopted by the owner from time to time with respect to architectural, mechanical and electrical details and specifications. 1.5.19 Basic services shall include attendance by architect, at such times as owner requests, at conferences with representatives of owner and others as owner may designate, to consult and advise on the architect's services and the progress thereof, and to advise on the project. 15.3 The following applies to Article 3. 15.3.1 The project budget is established in the amount of $9,376,600 including site work, police/fire/administration building and the vehicle maintenance facility as described in phases 1, 1A and 1B of the final site plan. The budget shall include architect's fee, landscaping, furnishings, construction management fee and a contingency. Owner contemplates that the project will be completed within the project budget. The project budget shall not be adjusted for the purposes of this agreement without prior authorization of the owner. Architect will use his best efforts to see that no such adjustments are necessary. 15.3.2 The City intends to contract for certain parts of the project separately. The following elements will not be included in the architect's responsibility: Communications system design and installation $200,000 Furnishings and equipment 631,000 Landscape design and construction 545,000 Total $1,376,000 The architect will be responsible for the following: Site Development $700,000 Police/Fire Headquarters 5,900,000 Vehicle Maintenance Bldg. 1,400,000 Architect Total $8,000,000 (includes architect and construction manager fees and contingency) 15.4 The following paragraph is added to Article 11 - Miscellaneous Provisions. 11.5 Should any action be brought relating to this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. 15.5 Architect shall furnish owner with documents as follows: Design: - 1 copy of each final drawing - 15 bound 8 1/2" by 11" copies of final drawings including cost estimates and other items necessary to aid in explaining the project. Construction: - 1 set of drawings on mylar film and 1 set of reproducible specifications. - 2 copies of bound 8 1/2" by 11" specifications. 15.6 Ownership of Documents. 15.6.1 All completed documents prepared by architect and required to be furnished to owner pursuant to this agreement shall be and remain the property of owner. 15.7 Arbitration and Attorneys Fees 15.7.1 Upon mutual agreement of the parties, all questions in dispute under this agreement may be submitted to arbitration. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association insofar as the same are not in conflict with the laws of the State of California. 2. 15.7.2 If either party petitions to confirm, correct or vacate the award as provided by Chapter 4 or Title 9 of the Code of Civil Procedures (commencing with Section 1285), the prevailing party shall be entitled as part of its costs, to a reasonable attorney's fee to'be fixed by the court. 15.7.3 Should any legal action be brought to enforce or interpret this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 15.8 Indemnification. 15.8.1 Architect is skilled in the professional calling necessary to perform the services and duties agreed to be performed by an architect under this agreement, and owner, not being skilled in such matters, relies upon the skill and knowledge of architect to perform said services and duties consistent with skills prevalent in the industry. Therefor, architect agrees to indemnify, hold harmless and defend owner, City Council and each member thereof, and every officer and employee of owner, from any and all liability or financial loss, including but not limited to, liability or loss resulting from any suits, claims, losses or actions brought by any person or persons and from all costs and expenses of litigation brought against owner, City Council and each member thereof, or any officer or employee of owner, by reason of injury to any person or persons, including but not limited to, officers and employees of architect, or damage, destruction, or loss of property of any kind whatsoever and to whomsoever it may belong; including but not limited to that of architect, resulting from any or all negligent activities or negligent operations of architect or any person employed by architect in the performance of this agreement. 15.9 Insurance. 15.9.1 Architect shall at all times during the term of this agreement carry, maintain, and keep in full force and effect, in a form and with an insurance company acceptable to, and approved by, the City Attorney, policies of motor vehicle liability insurance with minimum limits of $100,000/$300,000 personal injury and $50,000 property damage and Comprehensive General Liability Insurance, with minimum limits of $500,000 combined single limit in aggregate, against any injury, death, loss or damage as a result of negligent acts or omissions by the architect, together with an endorsement in substantially the form set forth below. ENDORSEMENT It is hereby understood and agreed that owner, its City Council and each member thereof and every officer and employee of owner shall be named as additional named insureds with severability of interests assured as respects claims arising out of the architectural services in connection with development of the project. 3. It is further agreed that the following Indemnity Agreement between the owner and the named insureds is covered under the policy: Architect agrees to indemnify, hold harmless and defend owner, its City Council and each member thereof, and every officer and employee of owner from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought against any employee of owner which results from the negligent actions of architect's officers, employees, agents or others employed by architect while engaged by architect in the performance of this agreement. It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to owner. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder. 15.9.2 Architect agrees to maintain in force at all times during the term of this agreement, Workers' Compensation Insurance as required by law. 15.9.3 In addition to Comprehensive General Liability Insurance required herein, architect agrees that prior to submission of the plans and specifications to owner, architect shall obtain and shall maintain at all times thereafter Professional Liability Insurance in the amount of $250,000 which shall provide coverage for negligent acts, errors or omissions by architect which arise out of the professional services required by this agreement. Said Professional Liability Insurance shall be in a form and with an insurance company acceptable to and approved by the City Attorney and shall be maintained in effect for a period of not less than five years following completion of all services under this agreement. 15.9.4 At all times during the term of this agreement, or as otherwise provided herein, architect shall maintain on file with the City Clerk of owner a certificate of the insurance carrier or carriers showing that the aforesaid policies are in effect in the amount above provided, the insureds are named therein as specified herein and that the policies cannot be cancelled or reduced by architect except on forty-five (45) days notice to owner. Architect shall not have the right to receive compensation under this agreement until such certificate or certificates are filed with the City Clerk. Architect shall not cancel said insurance coverage without the owner having been given forty-five (45) days prior notice thereof by architect. 15.10 Independent Contractor. 15.10.1 The architect is and shall at all times remain as to the owner a wholly independent contractor. Neither the owner nor any of its agents shall have control over the conduct of the architect or any of the architect's employees, except as herein set forth. The 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 owner. 4. 15.11 Fair Employment Practices/Equal Opportunity Acts. 15.11.1 In performance of this agreement, the architect shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections 1410 et. seq.) and the applicable equal employment provisions of the cTvil~lUghts Acts of 1964 (42 U.S.C. 200e - 217), whichever is more restrictive. 15.12 Termination of Agreement. 15.12.1 If in the opinion of the owner, the architect fails to perform or provide prompt, efficient and thorough service, or if the architect fails to complete the work within the time limit provided, the owner shall have the right to terminate this agreement upon written notice to architect. Upon receipt of such notice, architect shall immediately cease work under the agreement, and furnish owner with all sketches, drawings, computations, plans and specifications. Insofar as such materials are complete and acceptable to owner, owner shall pay architect the reasonable value of the sevices rendered by architect; provided, however, the amount due shall not exceed ninety percent (90%) of the amount provided for the completion of the phase in which the agreement is terminated. Should owner terminate the agreement under this provision, it is understood and agreed that from that point forward owner will not be able to refer to Ruhnau, McGavin, Ruhnau Associates as "architect" without prior written approval. In the event architect has performed partial design work at the time of termination, such partial work, if used thereafter, will not be the responsibility of the architect nor will the architect be held liable for any further use of such documents. 15.13 Cancellation of Agreement. 15.13.1 Except as provided in Section 15.12 owner may cancel this agreement at any time upon fifteen (15) days written notice to architect. Architect agrees to cease all work under this agreement on or before the effective date of such notice. 15.13.2 Owner reserves the right to amend the services to be performed by and, accordingly the fee to be paid to, the architect, or to discontinue all further work at the end of any phase. 15.13.3 In the event of termination or cancellation of this agreement by owner, due to no fault or failure of performance by architect, architect shall be paid full compensation for all services and duties performed by architect, an amount to be determined as follows: (A) Architect shall be entitled to retain any payments which may have been made to architect under the provisions of this agreement prior to said cancellation. (B) For work done in accordance with all of the terms and provisions of this agreement and for which payment is not yet due, architect shall be paid an amount equal to the amount of service performed prior to the effective date of cancellation; provided, however, that in no event shall the amount of money to be paid under the foregoing provisions of this 5. paragraph exceed the amount which would be paid architect for the full performance of said items of service. 15.14 Notice. 15.14.1 Whenever it shall be necessary for either party to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to the City Manager of owner, 1200 Elm Avenue, Carlsbad, California, 92008; or to architect David Ruhnau, 1207 Elm Avenue, Carlsbad, California 92008 unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 15.15 Conflict of Interest. 15.15.1 The architect shall file a Conflict of Interest with the City Clerk of owner. The architect shall report interests and investments in Real Property and Business entities in the City of Carlsbad. 15.16 Cost Reporting. 15.16.1 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. 15.17 Prohibited Interest. 15.17.1 No official of the owner who is authorized in such capacity on behalf of the owner 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 owner who is authorized in such capacity and on behalf of the owner 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. 15.18 Verbal Agreement or Conversation. 15.18.1 No verbal agreement or conversation with any officer, agent, or employee of the owner, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the architect to any additional payment whatsoever under the terms of this contract. 6. 15.19 Covenant Against Contingent Fees. 15.19.1 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 owner 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. 15.20 Responsibility of the Architect. 15.20.1 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). 15.21 Architect's Compliance. 15.21.1 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 owner 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 owner, revise the plans or specifications to conform therewith. 15.22 Conflict. 15.22.1 In the event of any conflict between the terms of this article and either other provisions of this agreement or the general conditions of the contract for construction the terms of this article shall control. CITY OF CARLSBAD, a municipal corporation By: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 7. APPROVED AS TO FORM: VINCENT P. BIONDO, JR., City Attorney RUHNAU, McGAVIN, RUHNAU ASSOCIATES Architect By: ATTEST. DAVID RUHNAU, AIA 8. is CO o> 2 5:> o y £ " s Z O CO > i- > OC<U 6 7 8 9 10 11 12 13 14 15 o d 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.7605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONSTRUCTION MANAGEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ROLL COMPANY FOR SERVICES PERFORMED FOR CONSTRUCTION OF THE PUBLIC SAFETY CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Carlsbad and Roll Company have reached an agreement regarding the provision of construction management services for construction of the Public Safety Center, a copy marked Exhibit A, attached hereto and made a part hereof, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad and Roll Company regarding the provision of construction management services for construction of the Public Safety Center 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 City Council of the City of Carlsbad, California, held on the 15th day of May , 1984, by the following vote to wit: AYES: Council Matters Casler, Lewis, Chick and Prescott NOES: None ABSENT: Council Matter Kulchin ATTEST: MARY H./yCASLER, Mayor ALETHA L. RAUTENKRANZ, City CleArk THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 5607 Standard Form of Agreement Between Owner and Construction Manager 1980 EDITION THIS DOCUMENT HAS IMfOKTANT LCGAL CONSfQUfNCES; CONSULTATION WITH AN ATTOKNfY IS IHCOUKACID. This document is intended to be used in conjunction with AIA Documents A101/CM, 1980; 8141/CM, 1980; and A201/CM, 1980. AGREEMENT made as of the 15th day of May in the year of Nineteen Hundred and eighty four. BETWEEN the Owner: The City of Carlsbad, a California Municipal Corporation and the Construction Manager: Roll Construction Company For the following Project: City of Carlsbad Public Safety and Service Center (Include dettiltd dnc/ipt/on at frotttt locttion anrf icogfj as described in the master plan - site development report prepared by H. Wendell Mounce A.P.A. and Associates on file with the C?.ty and incorporated by reference herein the Architect: Ruhnau, McGavin, Ruhnau Associates The Owner and the Construction Manager agree as set forth below. Copyright 1973, C I960, by Th« American Institute of Architects, 1735 New York Avenue, N.W., Washington, DC. 20006. Reproduction of the material herein or substantial quotation of its proviMons without written permission of the AIA violates the copyright laws of the United Stales and will be subtext to legal prosecution. AIA OOCUMINT MM . OWNEH-CONSTHUCTlON MANAGER ACKEEMENT • IUNE 1980 EDITION • AIA* .. £1960 « THE AMERICAN INSTITUTE OF AftCHIlECTS, 17JS NEW YOU* AVE., N.W.. WASHINGTON, O.C. 2000* WO I — I»«U 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONSTRUCTION MANAGER'S SERVICES AND RESPONSHIUTIB Tht Construction Mana|tr covenants with the Owntr to furthtr the inttrtsts of tht Owner by furnishing the Con* struction Manager's skill and judgment in cooperation with, and in reliance upon, the services of an architect The Construction Manager agrees to furnish business ad- ministration and management services and to perform in an expeditious and economical manner consistent with the interests of the Owner. •ASK SOtVKB The Construction Manager's Basic Services consist of the two Phases described below and any other ser- vices included in Article 1* as Basic Services. 1.1 rtfcoNsnucnoN PHASI 1.1.1 Provide preliminary evaluation of the program and Project budget requirements, each in terms of the other. With the Architect's assistance, prepare preliminary estimates of Construction Cost for early schematic designs based on area, volume or other standards. Assist the Owner and the Architect in achieving mutually agreed upon program and Project budget requirements and other design parameters. Provide cost evaluations of alternative materials and systems. 1.1.2 Review designs during their development Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and la- bor, time requirements for procurement, installation and construction, and factors related to cost including, but not limited to, costs of alternative designs or materials, pre- liminary budgets and possible economies. 1.1.3 Provide for the Architects and the Owner's review and acceptance, and periodically update, a Project Sched- ule that coordinates and integrates the Construction Mm* ager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules. 1.1.4 Prepare for the Owner's approval a more detailed estimate of Construction Cost, as defined in Article 3, de- veloped by using estimating techniques which anticipate the various elements of the Project, and based on Sche- matic Design Documents prepared by the Architect Up- date and refine this estimate periodically as the Architect prepares Design Development and Construction Docu- ments. Advise the Owner and the Architect if it appears that the Construction Cost may exceed the Project budget Make recommendations for corrective action. 1.1.5 Coordinate Contract Documents by consulting with tiie Owner and the Architect regarding Drawings and Spe- cifications as they are being prepared, and recommending alternative solutions whenever design details affect con- struction feasibility, cost or schedules. 1.1 JL1 Provide recommendations and information to the Owner and the Architect regarding the assignment of re- sponsibilities for safety precautions and programs; tempo- rary Project facilities; and equipment, materials and ser- vices for common use of Contractors. Verify that the re- quirements and assignment of responsibilities are included in the proposed Contract Documents. 1.1 JJ Advise on the separation of the Project into Con- tracts for various categories of Work. Advise on the method to be used for selecting Contractors and awarding Con- tracts. If separate Contracts are to be awarded, review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the separate Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate separate Contract, (3) the likelihood of jurisdictiona! disputes has been minimized, and (4) proper coordination has been provided for phased construction. 1.1 JJ Develop a Project Construction Schedule provid- ing for all major elements such as phasing of construction and times of commencement and completion required of each separate Contractor. Provide the Project Construc- tion Schedule for each set of Bidding Documents. 1.13.4 Investipte and recommend a schedule for the Owner's purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect Expedite and coordinate de- livery of these purchases. 1.1.4 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical Phases. Make recommendations for actions designed to minimize adverse effects of labor shortages. 1.1.4.1 Identify or verify applicable requirements for equal employment opportunity programs for inclusion in the proposed Contract Documents. 1.1.7 Make recommendations for pre-qualification cri- teria for Bidders and develop Bidders' interest in the Pro- ject Establish bidding schedules. Assist the Architect in issuing Bidding Documents to Bidders. Conduct pre-bid conferences to familiarize Bidders with the Bidding Docu- ments and management techniques and with any special systems, materials or methods. Assist the Architect with the receipt of questions from Bidders, and with the issu- ance of Addenda. 1.1.7.1 With the Architect's assistance, receive Bids, pre- pare bid analyses and make recommendations to the Owner for award of Contracts or rejection of Bids. 1.1J With the Architect's assistance, conduct pre-award conferences with successful Bidders. Assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material sup- pliers proposed by Contractors. ijt coNsnucnoN PNAK The Construction Phase will commence with the award of the initial Construction Contract or pur- chase order and, together with the Construction Manager's obligation to provide Bask Services un- _JM • owNtr-coNSTtucnoN MANACII ACMIMINT • JUNC isss COITION • ' TNC AMUICAN INSTITUTE Of AftCHITICTS. 1HS NCW VOCK AVt.. N.W.. WASHINGTON, O.C der this Agreement, will end * days after final payment to all Contractors is due. Unless otherwise provided in this Agreement and in the Contract Documents, the Construc- ,, in cooperation with the Architect, shall oravidTadministration of the Contracts for Construction . -*- ^^jj^^. *jj tct form oeww • 1.2J "Provide administrative, management and related services as required to coordinate Work of the Contractors with each other and with the activities and responsibilities of the Construction Manager, the Owner and the Archi- tect to complete the Project in accordance with-the Own- er's objectives for cost, time and quality Provide sufficient organization, personnel and management to carry out the requirements of this Agreement. • U.2-1 Schedule and conduct pre-construction, construc- tion and progress meetings to discuss such matters as pro- cedures, progress, problems and scheduling. Prepare and promptly distribute minutes. 1_1_H Consistent with the Project Construction Sched- ule issued with the Bidding Documents, and utilizing the Contractors' Construction Schedules provided by the sepa- rate Contractors, update the Project Construction Sched- ule incorporating the activities of Contractors on die Project including activity sequences and durations, allo- cation of labor and materials, processing of Shop Draw- Ings, Product Data and Samples, and delivery of products requiring long lead time procurement. Include the Own- er's occupancy requirements showing portions of the Project having occupancy priority. Update and reissue the Project Construction Schedule as required to show current conditions and revisions required by actual experience. 1.2^3 Endeavor to achieve satisfactory performance from each at the Contractors. Recommend courses of action to the Owner when requirements of a Contract are not being fulfilled, and the nonperforming party will not take satisfactory corrective action. 1.2J Revise and refine the approved estimate of Con- struction Cost, incorporate approved changes as they oc- cur, and develop cash flow reports and forecasts as needed. 1.2J.1 Provide regular monitoring of the approved esti- mate of Construction Cost, showing actual costs for activi- ties in progress and estimates for uncompleted tasks. Iden- tify variances between actual and budgeted or estimated costs, and advise the Owner and the Architect whenever projected costs exceed budgets or estimates. 1.2.X2 Maintain cost accounting records on authorized Work performed under unit costs, additional Work per- formed on die basis of actual costs of labor and materials, or other Work requiring accounting records. 1.2JJ Recommend necessary or desirable changes to the Architect and the Owner, review requests for changes. assist in negotiating Contractors' proposals, submit recom- mendations to the Architect and the Owner, and if they are accepted, prepare and sign Change Orders for the Architect's signature and the Owner's authorization. 1JJ4 Develop and implement procedures for the re- view and processing of Applications by Contractors for progress and final payments. Make recommendations to the Architect for certification to the Owner for payment 1.2.4 Review the st 1 programs developed by each of the Contractors as required by their Contract Documents and coordinate the safety programs for the Project 14J Assist in obtaining building permits and special permits for permanent improvements, excluding permits required to be obtained directly by the various Contrac- tors. Verify that the Owner has paid applicable fees and assessments. Assist in obtaining approvals from authorities having jurisdiction over the Project. 1.24 If required, assist the Owner in selecting and re- taining the professional services of surveyors, special con* sultants and testing laboratories. Coordinate their services. 1.2.7 Determine in general that the Work of each Con- tractor is being performed in accordance with the require- ments of the Contract Documents. Endeavor to guard the Owner against defects and deficiencies in the Work. As appropriate, require special inspection or testing, or make recommendations to the Architect regarding special in- spection or testing, of Work not in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. Subject to review by the Architect, reject Work which does not conform to the requirements of the Contract Documents. 1JJ.1 The Construction Manager shall not be responsi- ble for construction means, methods, techniques, se- quences and procedures employed by Contractors in the performance of their Contracts, and shall not be responsi- ble for the failure of any Contractor to carry out Work in accordance with the Contract Documents. 1.2J Consult with the Architect and die Owner if any Contractor requests interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions which may arise. 1.2.9 Receive Certificates of Insurance from me Con- tractors, and forward them to the Owner with a copy 10 the Architect 1.2.10 Receive from the Contractors and review all Shop Drawings, Product Data, Samples and otfter submittals. Coordinate them with information contained in related documents and transmit to the Architect those recom- mended for approval. In collaboration with the Architect establish and implement procedures for expediting the', processing and approval of Shop Drawings, Product Data, Samples and other submittals. 1.2.11 Record the progress of the Project. Submit written progress reports to the Owner and the Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of completion and the number and amounts of Change Orders. Keep a daily log containing a record of weather, Contractors' Work on the site, number of workers, Work accomplished, problems encountered, and, other similar relevant data as the Owner may require. Make the log available to the Owner and the Architect 1.2.11.1 Maintain at the Project site, on a current basis: a record copy of all Contracts, Drawings, Specifications, Addenda. Change Orders and other Modifications, in good order and marked to record all changes made during con- struction; Shop Drawings; Product Data; Samples; sub- mittak; purchases; materials; equipment; applicable hand- books; maintenance and operating manuals and instruc- m • owMta-coMSrtucTiON MAHACII ACtUMiNT • MM its* •NS» . THt AMERICAN INSIIIUII Of AtOHTlCTS. VT» NCW VOCK AVL. N W . WASHINGTON. DC tions- other related documents and revisions which arise • out of the Contracts or Work. Maintain records, in dupli- cate of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional «"*•)««'• Make all records available to the Owner and the Archi- tect. At the completion of the Project, deliver all such records to the Architect for the Owner. 1.2.12 Arrange for delivery and storage, protection and security for Owner-purchased materials, systems and equipment which are a part of the Project, until such items are incorporated into the Project. 1.2.13 With the Architect and the Owner's maintenance personnel, observe the Contractors' checkout of utilities, operational systems and equipment for readiness and as- sist in their initial start-up and testing. 1.2.14 When the Construction Manager considers each Contractor's Work or a designated portion thereof sub- stantially complete, the Construction Manager shall pre- pare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construc- tion Manager shall assist the Architect in conducting in- spections. After the Architect certifies the Date of Substan- tial Completion of the Work, the Construction Manager shall coordinate the correction and completion of the Work. 1.2.15 Assist the Architect in determining when the Proj- ect or a designated portion thereof is substantially com- plete. Prepare for the Architect a summary of the status of the Work of each Contractor, listing changes in the previ- ously issued Certificates of Substantial Completion of the Work and recommending the times within which Contrac- tors shall complete uncompleted items on their Certificate of Substantial Completion of the Work. 1.2.16 Following the Architect's issuance of a Certificate of Substantial Completion of the Project or designated portion thereof, evaluate the completion of the Work of the Contractors and make recommendations to the Archi- tect when Work is ready for final inspection. Assist the Architect m conducting final inspections. Secure and trans- mit to the Owner required guarantees, affidavits, releases, bonds and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the Owner. 1.2.17 The extent or the duties, responsibilities and limi- tations of authority of the Construction Manager as a rep- resentative of the Owner during construction shall not be modified or extended without the written consent of the Owner, the Contractors, the Architect and the Construc- ion Manager, which consent shall not be unreasonably withheld. 1.3 ADDITIONAL SERVICES The following Additional Services shall be per- formed upon authorization in writing from the Owner and shall be paid for as provided in this Agreement. 1.3.1 Services related to investigations, appraisals or eval- uations of existing conditions, facilities or equipment, or verification of the accuracy of existing drawings or other information furnished by the Owner. 1.3.2 Services related to Owner-furnished furniture, fur- nishings and equipment which are not a part of the Project. Services for tenant or rental spaces. 1.3.4 Consultation on replacement of Work damaged by fire or other cause during construction, and furnishing services in conjunction with the replacement of such Work. 1.3J Services made necessary by the default of a Con- tractor. 1J£ Preparing to serve or serving as a witness in con- nection with any arbitration proceeding or legal proceeding. 1 J.7 Recruiting or training maintenance personnel. 1.3.9 Providing any other services not otherwise included in this Agreement. 1.4 TIME 1.4.1 The Construction Manager shall perform Basic and Additional Services as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide information regarding the requirements of the Project, including a program, which shall set forth the Owner's objectives, constraints and criteria, including space requirements and relation- ships. flexibility and expandability requirements, special equipment and systems and site requirements. 2.2 The Owner shall provide a budget for the Project, based on consultation with the Construction Manager and the Architect, which shall include contingencies for bid- ding, changes during construction and other costs which are the responsibility of the Owner. 2.3 The Owner shall designate a representative author- ized to act in the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall examine documents submitted by the Construction Manager and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Construction Manager's services.• 2.4 The Owner shall retain an architect whose services, duties and responsibilities are de- scribed in the agreement between the Owner and the Architect, AIA Document B141/CM, 1980 Edition, as modified. The Terms and Conditions of theOwner-Architect Agreement will be furnished tothe Construction Manager, and will not be modifiedwithout written consent of the Construction Manager,which consent shall not be unreasonably withheld.Actions taken by the Architect as agent of the Owner shall be the acts of the Owner and theConstruction Manager shall not be responsiblefor them. 15 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary for the Project, including such auditing services as the Owner may require to venfy the Project Applications for Payment AM OOCUMtNT MSI • OVYNER-CONSTRUCIION MANAGER AGREEMENT • IUNE USD EDITION • AIA* I Mi AMERICAN INSTITUTE Of ARCHITECTS. 17 Jl NtW YORK AVt . N W . WASHINGTON. DC 2000k U01 —19M 4 or to ascertain how or for what purposes the Contractors have used the monies r by or on ' behalf of the Owner. J 7 The Owner shall furnish the Construction Minager a sufficient quantity of construction documents. 21 The services, information and reports required by Paragraphs 2.1 through 2.7, inclusive, shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon their accuracy and completeness. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Construction Manager and the Architect. 2.10 The Owner reserves the right to perform work re- lated to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities un- der this Agreement. The Construction Manager shall notify the Owner if any such independent action will in any way compromise the Construction Manager's ability to meet the Construction Manager's responsibilities under this Agreement. 2.11 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Construction Manager's services and the Work of the Con- tractors. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost shall be the total of the final Con- tract Sums of all of the separate Contracts, actual Reim- bursable Costs relating to the Construction Phase as de- fined in Article 6, and the Construction Manager's com- pensation. 3.2 Construction Cost does not includethe cost of the land or riahts- of-way. •hall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustnnts in the scope of the Project, and to suggest alternate Bids in the Construction Documents to'adjust the Construction Costs to the project budget. 3.4.2 if the project budget is exceeded by the sum of the lowest figures from bona fide Bids plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner «hall '1) give written approval of an increase in such budget (2) authorize rebidding or renegotiation of the Project or portions of the Project within a reason- able time, (3) if the Project is abandoned, terminate this agreement or (4) cooperate in revis- ing the scope and quality of the Work as required to re- duce the Construction Cost. In the case of item (4), the Construction Manager, without additional compensation, shall cooperate with the Architect as necessary tobring the Construction Cost within the project budget. ARTICLE 4 CONSTRUCTION SUPPORT ACTIVITIES 4.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual arrangements unless otherwise provided in Article 16. 3.3 Evaluations of the Owner's Project budget and cost estimates prepared by the Construction Manager represent the Construction Manager's best judgment as a profes- sional familiar with the construction industry. It is recog- nized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, mate- rials or equipment, over Contractors' methods of de- termining Bid prices or other competitive bidding or ne- gotiating conditions. Accordingly, the-Construction Man- ager cannot and does not warrant or represent that Bids will not vary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construc- tion Manager. 3.4 No fixed limit of Construction Cost shall be estab- lished as a condition or this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.1 or Paragraph 2.2. or otherwise, The Construction Manager shall include in the project budget contingencies for design, bidding and price escalation and AU OOCUMCNT Mil • CnVMK CONSTtUCTION MANAGE* ACIEEMENT • ICM 1?SD EDITION • AIA« £1<NO • THE AMEKICAN INSTiri TE Of AICHITEC1S. I.'JS NErt MMU AVE > V\ \\ ASHISCTOV O.C. MOW>5 M01 — 19M t«~ Trade discounts, rebates and rt.jnds, and returns from salt of-surplus materials and equipment shall accrue to the O*«er. and the Construction Manager shall make provisions so that they ew be secured. PAYMENTS TO THI CONSTRUCTION MANAGER 7.-, PAYMENTS ON ACCOUNT Of IASIC SOVKIS 7.1.3 If and to the extent that the time initially estab- lished for the Construction Phase of the Protect is ex- ceeded or extended through no fault of the Construction Manager, compensation for Basic Services required for such extended period of Administration of the Construc- tion Contract shall be equitably adjusted. ARTICIE 1 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 1.1 Records of Reimbursable Costs and costs pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 73 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND UlMiUtSAlU COSTS 7.2.1 Payments on account of the Construction Man- ager's Additional Services, as defined in Paragraph 1.3, shall be made monthly upon presentation of the Construction Manager's statement of services rendered or costs in- curred. 72 PAYMENTS WITHHELD 7.3.1 No deductions shall be made from the Construc- tion Manager's compensation on account of penalty, liq- uidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes m Work other than those for which the Construction Man- ager is held legally liable. 7.4 PIOffCT SUSPENSION Ot ABANDONMENT 7.4.1 If the Project is suspended or abandoned in whole or m part for more than three months, the Construction Manager shall be compensated for all services performed prior to receipt of written notice from the. Owner of such suspension or abandonment, in accordance with Article 16. a _,,,_.':f the Protect is resumed after being suspended for more than three months, the Construction Manager's compensation shall be equitably adjusted. AlAOOCUMtNTIinea • THC AMUICAN INSTITUTE o» AICMITICTS. ins M»W WJtx AVI.. M w . WASHINGTON, n c •Ml —19M « SUCCfSSOIS AND ASSIGNS 12.1 The Owntr and th« Conuruction Manager, respec- ttvely, bind themselves, their partners, successors, assigns and legal representatives to Iht other party to this Agree- ment, and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Construction Manager shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 13 ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law in effect at the location of the Protect. 11J As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run. and any alleged cause of action shall be deemed to have accrued, in any and all events not later than the relevant Date of Substantial Completion of the Project, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion of the Project, not later than the date of issuance of the final Project Certificate for Payment. 11.4 The Owner and the Construction Manager waive all rights against each other, and against the contractors, consultants, agents and employees of the other, for dam- ages covered by any property insurance during construc- tion, as set forth in the 1960 Edition of AIA Document A201/CM. General Conditions of the Contract for Con- struction. Construction Management Edition. The Owner and the Construction Manager shall each require appro- priate similar waivers from their contractors, consultants and agents. EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, represen- tations or agreements, either written or oral. This Agree- ment may be amended only by written instrument signed by both the Owner and the Construction Manager. 13J Nothing contained herein shall be deemed to cre- ate any contractual relationship between the Construction Manager and the Architect or any of the Contractors, Sub- contractors or material suppliers on the Project; nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the Owner or the Construction Manager which docs not otherwise exist without regard to this Agreement. — 1 AM OOCUMMT mm • owMi-coNst IUCTIOM MANACU ACUIMINT • rant iw COITION «na» • TMt AMtUCAN IKSTITUU Of AKMTtCTS. WJS NCW TOU AVI . N.W.. WASHINGTON, O.C MS ARTICLE 15 Basis of Compensation The Owner shall compensate the Construction Manager for the Scope of Services provided, in accordance with Article 7, Payments to the Construction Manager, and the other Terms and Conditions of this Agreement, as follows: The project covered within this contract is defined by the Final Site Development Plan for the City of Carlsbad Public Safety Service Center prepared by H. Wendell Mounce A.I.A. Associates on July 12, 1983 and covering basic site development, police headquarters/fire administration building and the vehicle maintenance and fuel station. The total fee for this scope of services will be an amount not to exceed five hundred thousand dollars ($500,000). The fee will cover the cost of the Construction Manager's office overhead, profit and personnel for the preconstruction and construction phases, excluding any extraordinary delays not the result of any fault of the Construction Manager. Upon selection of the architect and within one month of the architectural agreement being signed by the City, the Construction Manager, the Project Administrator and Architect will agree to a schedule to complete the preconstruction and construction work required to produce the above described work. 15.1 Basic Compensation 15.1.1 For basic services, as described in paragraphs 1.1 and 1.2, and any other services included in Article 16 as part of Basic Services, Basic Compensation shall be computed as follows: For preconstruction phase services the total compensation within the schedule agreed to above, and subject to Article 15.3.2, shall be one hundred twenty thousand dollars ($120,000). The preconstruction phase shall be divided into four subphases and these subphases shall be titled and valued in the following way: schematic design ($30,000), design development ($30,000), construction documents ($40,000) and bidding ($20,000).. On a monthly basis, the Construction Manager and Project Administrator shall determine the percentage of completion on each of the subphases, and the Construction Manager shall submit a bill for that amount to be paid on a monthly basis. For construction phase services, the total compensation within the schedule agreed to above and subject to Article 15.3.2, shall be three hundred eighty thousand dollars ($380,000). The Construction Manager shall be paid monthly for construction phase services on the basis of, and in proportion to, the percent of total completion of construction as determined and approved by the Project Administrator. In making such m progress payments, there shall be no retainages held on the Construction Manager's fee. 15.3 Compensation for Additional Services 15.3.1 For additional services of the Construction Manager, as described in paragraph 1.3, and delays in the project as described in Article 15.3.2, and any other services included in Article 16 Additional Services, compensation shall be computed and paid to the Construction Manager in an amount equal to the Construction Manager's additional direct personnel expense on the Project. 15.3.2 In the event of the following delays in the completion of the project, which are not the result of any fault of the Construction Manager, Article 15.3.1 shall apply provided such delays cannot be accommodated by adjustments within the agreed schedule and the Construction Manager can document that such delays have materially increased his costs. .2.1 In the event and to the extent that the approvals of the bid documents are not given by the Owner and result in a delay in completion of the Project. .2.2 In the event of and to the extent that any changes in the Project requested by Owner result in the delay of the completion of the Project. .2.3 In the event and to the extent that the project completion is delayed by the architect's failure to perform his services in accordance with the agreed schedule 15.3.3 Direct personnel expenses are defined as the actual salary expense, including all overhead, payroll taxes, fringe benefits and other employee benefits of Construction Manager's personnel to be defined as 30% burden on direct salaries. People to be included in direct personnel expense shall be as mutually agreed upon by Construction Manager and Owner. 15.3.4 Any claim by Construction Manager for additional compensation shall be submitted in writing to the Project Administrator within thirty (30) days of the occurrence of the event upon which compensation is claimed, setting forth in detail the complete basis for the claim. No claim shall be valid unless so made. The Project Administrator shall review the claim and if he finds the claim valid in its entirety or in part, he shall process it in accordance with Owner's procedures. Rejection of any claim shall not be grounds for termination of this agreement. 15.4 If the scope of the Project or the Construction Manager's services is changed materially, the amount of compensation shall be equitably adjusted. It is hereto agreed that Owner change orders will not be assessed a Construction Manager fee on the work applicable to site development, police headquarters/fire administration building and the vehicle 2. maintenance and fuel facility excluding time extensions as previously described. 15.5 If the services covered by this agreement have not been completed within thirty six (36) months of the date hereof, through no fault of the Construction Manager, the amount of compensation, rates and multiple set forth herein shall be equitably adjusted. ARTICLE 16 Other Conditions or Services 16.1 The Owner shall be responsible for all construction costs incurred in the Project. The Construction Manager will supply all miscellaneous office supplies, xeroxing and personnel (including secretaries) necessary to execute the services described in this contract. If the Owner so chooses the Construction Manager will provide the Owner with monthly computer scheduling and management reports for actual costs. 16.2 The following applies to Article 1. 16.2.1 At the request of Owner the Construction Manager shall be represented by appropriate staff at all designated conferences including meetings of the City Council and other public meetings held for receiving status reports and other information as requested by Owner. 16.2.2 Construction Manager in reviewing bids shall prepare a cost comparison analysis and establish the lowest responsible bidder to be accepted by Owner. In assisting Owner with construction contracts the Construction Manager shall prepare drafts of their specific terms. 16.2.3 Add to paragraph 1.2.3.3: Document and administer the processing of change orders, including applications for extensions of time from the contractors in accordance with Owner's procedures. Evaluate the cost features of all change orders and, where necessary, negotiate with the contractors to obtain a fair price and time for the work. 16.2.4 Add to paragraph 1.2.13: In cooperation with Owner's maintenance personnel, coordinate the checkout of utilities, operational systems and equipment; assist in the training and transfer of operating responsibilities to Owner and assist Owner with the development of any occupancy program. 16.2.5 Add paragraph 1.2.18: In the event any claim is made or any action brought in any way relating to the construction of the Project, render all assistance which Owner may require during the course of the Project, including preparation of written reports with supporting information necessary to resolve the disputes. 16.2.6 Add paragraph 1.2.19: Administer the materials, equipment, systems, and labor warranty program and expedite and supervise any corrective work required during the warranty period. 16.2.7 Add paragraph 1.2.20: Ensure that contractor, within fifteen (15) days after date of Certificate of Substantial 3. Completion, provides to architect a marked set of contract documents showing all final construction as-built conditions such that architect can prepare a complete set of reproducible final as-built plans. 16.3 The following-applies to Article 2. The Project budget is established in the amount of $9,376,000 including site work, police/fire/administration building and the vehicle maintenance facility as described in phases 1, 1A and IB of the final site plan. The budget shall include architect's fee, landscaping, communication system, furnishings, construction management fee and a contingency. Owner contemplates that the project will be completed within the project budget. The project budget shall not be adjusted for the purposes of this agreement without prior authorization of the Owner. Construction Manager will use his best efforts to see that no such adjustment are necessary. 16.4 The following paragraph is added to Article 11 - Miscellaneous Provisions. 11.5 Should any action be brought relating to this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. 16.5 Arbitration and Attorneys Fees 16.5.1 Upon mutual agreement of the parties, all questions in dispute under this agreement may be submitted to arbitration. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association insofar as the same are not in conflict with the laws of the State of California. 16.5.2 If either party petitions to confirm, correct or vacate the award as provided by Chapter 4 or Title 9 of the Code of Civil Procedures (commencing with Section 1285), the prevailing party shall be entitled as part of its costs, to a reasonable attorney's fee to be fixed by the court. 16.5.3 Should any legal action be brought to enforce or interpret this agreement, the prevailing party'shall be entitled to reasonable attorney's fees and costs. 16.6 Indemnification. 16.6.1 Construction Manager has the expertise necessary to perform the services and duties agreed to be performed by a construction manager under this agreement, and Owner, not being skilled in such matters, relies upon the skill and knowledge of Construction Manager to perform said services and duties consistent with skills prevalent in the industry. Therefor, Construction Manager agrees to indemnify, hold harmless and defend Owner, City Council and each member thereof, and every officer and employee of Owner, from any and all liability or financial loss, including but not limited to, liability or loss which injury, damage or disruption or loss results from any suits, claims, losses or actions brought by any person or persons and from all costs and expenses of litigation brought against Owner, City Council and each member thereof, or any officer or employee of Owner, by reason of 4. jr injury to any perse or persons, including bu not limited to, officers and employees of Construction Manager or damage, destruction, or loss of property of any kind whatsoever and to whomsoever it may belong, including but not limited to that of Construction Manager resulting from any or all negligent activities or negligent operations of Construction Manager or any person employed by Construction Manager in the performance of this agreement. The Construction Manager shall not be liable for the negligent acts of any trade contractors or suppliers. 16.7 Insurance. 16.7.1 Construction Manager shall at all times during the term of this agreement carry, maintain, and keep in full force and effect, in a form and with an insurance company acceptable to, and approved by, the City Attorney, policies of motor vehicle liability insurance with minimum limits of $100,000/$300,000 personal injury and $50,000 property damage and Comprehensive General Liability Insurance, with minimum limits of $500,000 combined single limit in aggregate, against any injury, death, loss or damage as a result of negligent acts or omissions by the Construction Manager, together with an endorsement in substantially the form set forth below. ENDORSEMENT It is hereby understood and agreed that owner, its City Council and each member thereof and every officer and employee of Owner shall be named as additional named insureds with severability of interests assured as respects claims arising out of the construction management services in connection with development of the project. It is further agreed that the following Indemnity Agreement between the Owner and the named insureds is covered under the policy: Construction Manager agrees to indemnify, hold harmless and defend Owner, its City Council and each member thereof, and every officer and employee of Owner from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought against any employee of Owner which results from the negligent actions of Construction Manager's officers, employees, agents or others employed by Construction Manager while engaged by Construction Manager in the performance of this agreement. It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to owner. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder. 16.7.2 Construction Manager agrees to maintain in force at all times during the term of this agreement, workers' Compensation Insurance as required by law. 16.7.3 At all times during the term of this agreement, or as otherwise provided herein, Construction Manager shall maintain on file with the City Clerk of Owner a certificate of 5. the insurance carrier or carriers showing that the aforesaid policies are in effect in the amount above provided, the insured are named therein as specified herein and that the policies cannot be cancelled or reduced by Construction Manager except on forty-five (45) days notice to Owner. Construction Manager shall not have the right to receive compensation under this agreement until such certificate or certificates are. filed with the City Clerk. Construction Manager shall not cancel said insurance coverage without the Owner having been given forty-five (45) days prior notice thereof by Construction Manager. 16.8 Independent Contractor. 16.8.1 The Construction Manager is and shall at all times remain as to the Owner a wholly independent contractor. Neither the Owner nor any of its agents shall have control over the conduct of the Construction Manager or any of the Construction Manager's employees, except as herein set forth. The Construction Manager 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 Owner. 16.9 Fair Employment Practices/Equal Opportunity Acts. 16.9.1 In performance of this agreement, the Construction Manager shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections 1410 et. seq.) and the applicable equal employment provisions of the Civil Rights Acts of 1964 (42 U.S.C. 200e - 217), whichever is more restrictive. 16.10 Termination of Agreement. 16.10.1 Owner may cancel this agreement at any time upon fifteen (15) days written notice to Construction Manager. Construction Manager agrees to cease all work under this agreement on or before the effective date of such notice. 16.10.2 Owner reserves the right to amend the services to be performed by and, accordingly the fee to be paid to, the Construction Manager, or to discontinue all further work at the end of any phase. 16.10.3 In the event of termination of this agreement by Owner, due to no fault or failure of performance by Construction Manager, Construction Manager shall be paid full compensation for all services and duties performed by Construction Manager, an amount to be determined as follows: (A) Construction Manager shall be entitled to retain any payments which may have been made to Construction Manager under the provisions of this agreement prior to said termination. (B) For work done in accordance with all of the terms and provisions of this agreement and for which payment is not yet due, Construction Manager shall be paid an amount equal to the amount of service performed prior to the effective date of termination; provided, however, that in no event shall the amount of money to be paid under the foregoing provisions of this paragraph exceed the amount which would be paid Construction Manager for the full performance of said items of service. 6. J7 16.11 Notice. 16.11.1 Whenever it shall be necessary for either party to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to the City Manager of Owner, 1200 Elm Avenue, Carlsbad, California, 92008; or to Construction Manager, Roll Construction Company 7330 Engineer Road, San Diego, California 92111-1464, unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 16.12 Conflict of Interest. 16.12.1 The Construction Manager agrees not to accept any employment during the term of this agreement by any other person, firm or corporation which employment is or may likely develop a conflict of interest between City's interest and the interests of third parties. "Conflict" as used herein shall be defined and interpreted in accordance with Section 1090 of the California Government Code. 16.13 Cost Report ing. 16.13.1 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. 16.14 Prohibited Interest. 16.14.1 No official of the Owner who is authorized in such capacity on behalf of the Owner to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any construction management, 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 Owner who is authorized in such capacity and on behalf of the Owner 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. 16.15 Verbal Agreement or Conversation. 16.15.1 No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Construction Manager to any additional payment whatsoever under the terms of this contract. 16.16 Covenant Against Contingent Fees. 7. 3? 16.16.1 The Construction Manager warrants that the Construction Manager has not employed or retained any company or person, other than a bona fide employee, or consultant working for the Construction Manager to solicit or secure this agreement, and that Construction Manager 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 Owner 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. 16.17 Responsibility of the Construction Manager. 16.17.1 The Construction Manager is hired to render a professional service only and any payments made to the Construction Manager are compensation solely for such services the Construction Manager may render and recommendations the Construction Manager may make in the course of this project. 16.18 Construction Manager's Compliance. 16.18.1 The Construction Manager shall comply in all work under this agreement including but not limited to bidding and construction document preparation with all applicable federal, state and local laws. 16.19 Construction Limitation. 16.19.1 Construction Manager,or any of its subsidiaries, is prohibited from bidding on, performing with Construction Manager's own forces or otherwise financially participating in any construction or other activities regarding this project except as set forth in this agreement. 16.20 Examination of Records. 16.20.1 Construction Manager agrees that Owner shall, until the expiration of three (3) years after the final payment under this agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Construction Manager and of all the transactions relating to this agreement. 16.21. Findings Confidential. 16.21.1 Any reports, information, data or similar writings given to or prepared or assembled by the Construction Manager under this Agreement, which the Owner requests to be kept as confidential, shall not be made available to any individual or organization by the Construction Manager without prior written approval of the Owner. 16.22. Conformity to Legal Requirements. 16.22.1 Construction Manager shall review all documents to verify that Architect made every effort to conform to all applicable federal, state, county and local laws and 8. agencies whose approval must be obtained, and shall ensure that all work on the site is performed as required by all agencies such as Cal OSHA, the State Industrial Accident Commission, and any other duly recognized authority. 16.23. Ownership of Documents. 16.23.1 Any documents produced by the construction manager pursuant to this agreement shall belong to Owner. 16.24 Conflict. 16.24.1 In the event of any conflict between the terms of this article and either other provisions of this agreement or the general conditions of the contract for construction the terms of this article shall control. CITY OF CARLSBAD, a municipal corporation By: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney ROLL CONSTRUCTION COMPANY, a division of The Roll Company, a California Corporation By: ATTEST: 9.