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HomeMy WebLinkAbout1986-11-04; City Council; 8807; Consultant agreement: Safety CenterCIT^OF CARLSBAD — AGEND^SILL Us MTG. 11/04/86 DEPT.MP TITLE:CONSULIANI AGREEMENT HJR THE DLS1GN OF THE CARLSBAD PUBLIC SAFETY AND SERVICE CENTER, PHASE III DEPT. CITY ATTY CITY MGR. ^Q -- UJ Ocea.a. O E> oz3 Oo RECOMMENDED ACTION: Adopt Resolution No. 0 (flo *7 approving the attached architectural consultant agreement with the Danielson Design Group to begin design of the Carlsbad Public Safety and Service Center, Phase III project. ITEM EXPLANATION; In the 1986-87 Capital Improvement Program budget, the City Council has appropriated $80,000 to begin the design of the Carlsbad Public Safety and Service Center, Phase III project. Phase III includes the design and construction of a large fire station serving primarily the industrial corridor and the surrounding residential and commercial areas. A four (4) member Staff Selection Committee was formed to interview prospective architectural firms for this project. The Staff Committee solicited qualifications statements and support information from twelve (12) architectural firms specializing in governmental agency design and construction projects. The Selection Committee reviewed the submitted materials of six (6) firms responding to the project and selected the following three (3) finalists: 1. Danielson Design Group 2. Bradshaw, Bundy and Associates 3. Esbensen and Associates The three (3) finalists were required to submit a detailed scope of work proposal to accomplish the project. The Staff Committee interviewed the above three (3) architectural firms on October 20, 1986 and unanimously recommends the Danielson Design Group. The architect's design team will include the following s ubconsult ants: Johnson, Neilsen and Associates, Structural Engineers Dale Karjala and Associates, Electrical Engineers Mattson-Beaudin Engineering, Mechanical Engineers Michael Feerer and Associates, Facility Planners Woodward Dike, Incorporated, Landscape Architects Lee Saylor, Incorporated, Project Cost Estimators The consultants will begin their work immediately following receipt of authorization to proceed and will conclude the completed design of the project including working drawings and project specifications within approximately six (6) months. Page Two of Agenda Bill No The recommended architectural team for the Phase II project, Rob Wellington Quigley and Associates, will author design development guidelines for the entire Carlsbad Public Safety and Service Center complex. These guidelines will provide design continuity and compatible aesthetic image for the development of each subsequent phase of the Public Safety and Service Center. The recommended architectural team for the Phase III project, the Danielson Design Group, will incorporate these design guidelines within the Phase III project. FISCAL IMPACT; The City Council has appropriated $80,000 in the 1986-87 Capital Improvement Program budget for the design of Phase III of the Carlsbad Public Safety and Service Center project. The attached consultant agreement incorporates the detailed proposal which itemizes the following fee schedule for the complete design of Phase III: 1. Space needs analysis: hourly rates not to exceed $6,000 2. Schematic design, project budget, design development, construction cost estimate, construction documents including final plans and specifications: fixed fee of 6 .5 ?<S of estimated construction budget at conclusion of schematic design phase. The current appropriation of $80,000 for the design of Phase III is estimated to be adequate for the architectural design fees for the construction of this project. The City Council has tentatively scheduled construction of Phase III of the Public Safety and Service Center for fiscal 1989-90 and has allocated a total project cost of $1,680,000 in the current 5-year C.I.P. budget. Following timely completion of the design of this project, staff will recommend during the fiscal 1987-88 budget review process that the City Council consider adjusting the construction schedule of Phase III to begin approximately January, 1988. EXHIBITS; 1 . Location Map. 2. Resolution No. oS*{& / approving an architectural consultant agreement with the Danielson Design Group for the design of Phase III of the Carlsbad Public Safety and Service Center. Page Three of Agenda Bill No 3. Consultant Agreement. 4. Memo to City Manager from the Staff Selection Committee. 5. Consultant's detailed proposal (on file in the Office of the City Clerk). LOCATION MAP H PHASE FIRE STATION HEADQUARTERS LEGEND PHASE I A. POLICE/FIRE ADMINISTRATION B. VEHICLE MAINTENANCE C. FUEL .ISLAND D. VEHICLE WASH P. PARKING SITE PHASE n E YARD OFFICE F ' MAINTENANCE SHOPS G. PURCHASING WAREHOUSE PHASE HI H. FIRE STATION HEADQUARTERS VICINITY MAP N.T.S. PROJECT NAME CARLSBAD SAFETY AND SERVICE CENTER - PHASE IDC PROJ. NO. 3242 EXHIBIT I OCTOBER 23, 1986 TO: CITY MANAGER FROM: STAFF SELECTION COMMITTEE SUBJECT: ARCHITECT SELECTION FOR CARLSBAD PUBLIC SAFETY AND SERVICE CENTER, PHASE III The Staff Selection Committee recommends the Danielson Design Group architectural firm to begin the design of the Carlsbad Public Safety and Service Center, Phase III project. The Staff Committee solicited qualifications statements and support information from twelve (12) architectural firms specializing in governmental agency design and construction projects. Six (6) firms responded to the project. The Staff Committee selected and interviewed the following three (3) finalists for the project following submission of a detailed scope of work proposal: 1. Danielson Design Group 2. Bradshaw, Bundy and Associates 3. Esbensen and Associates The three (3) finalists were interviewed by the Staff Committee on October 20, 1986 with subsequent deliberations resulting in this recommendation. Committee Chairman V JDtK rbompson FireXDhief fat Entezari Project Manager > t ew a r t uxs r y Fj/re Battalion Chief 88671 RESOLUTION NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE 3 CITY OF CARLSBAD AND THE DANIELSON DESIGN GROUP FOR THE I DESIGN OF THE CARLSBAD PUBLIC SERVICE AND SAFETY CENTER, 4 PHASE III, PROJECT NO. 3242 5 6 WHEREAS, the City of Carlsbad has solicited proposals for 7 the design development of the Carlsbad Public Safety and 8 Service Center, Phase III project; and 9 WHEREAS, all prospective firms were required to submit 10 qualifications statements and support information; and 11 WHEREAS, all firms selected as finalists were required to 12 submit a detailed scope of work proposal; and 13 WHEREAS, the recommended firm the Danielson Design Group, 14 Architects, possesses the necessary skills, background, and 15 expertise to accomplish the project; and 16 j WHEREAS, the City Council of the City of Carlsbad has 17 previously appropriated funds in the amount of $80,000 in the 18 | 1986-87 CIP budget for the design of this project; 19 | NOW, THEREFORE, BE IT RESOLVED by the City Council of the ij 20' City of Carlsbad, California that; 21 1. That the above recitations are true and correct. 22 2. That the consultant agreement with the Danielson | 23 Design Group attached hereto as Exhibit A is hereby approved. 24 /// 25 /// 26 /// 27 | /// 28 i /// 1 3. That the Mayor is hereby authorized and directed to 2 execute said agreement with the Danielson Design Group on 3 behalf of the City of Carlsbad. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the 5 Carlsbad City Council held on the 4th day of ^November > 6 1986 by the following vote, to wit: 7 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine 8 NOES: None 9 ABSENT: None ^ 10 l^-. ^ &. 11 ATTEST- MAR/H. CASLER, Mayor 12 13 ALETHA L. RAUTENKRANZ, City Ciferk 14 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into as of the 4th day of November, 1986, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and the Danielson Design Group, hereinafter referred to as "Consultant." RECITALS City requires the services of an architectural consultant to provide the necessary architectural services for the design of the Carlsbad Public Safety and Service Center, Phase III; and Consultant possesses the necessary skills, background, professional expertise, experience and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as fo1 lows : 1 . CONSULTANT'S OBLIGATIONS The Consultant shall provide architectural consultant services to the City in accordance with the "Detailed Proposal" attached hereto which is incorporated by reference and made a part of this agreement. Said services shall be performed diligently, in a professional manner, and in accordance with the terms and conditions of this agreement under the direction of the City Manager or his authorized representative. 2. CITY OBLIGATIONS The City shall pay the Consultant in accordance with paragraphs (4) and (5) of this agreement upon receipt of invoices submitted by the Consultant and approved by the City. 3. PROGRESS AND COMPLETION The work under this Contract will begin immediately upon receipt of notification to proceed by the City and be completed within six (6) consecutive calendar months of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Manager. In consideration of such requests, the City Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of t imely act ion . 4. FEES TO BE PAID TO CONSULTANT The fee payable to the Consultant by the City for the space needs analysis portion of the project design, referred to as Task I, shall be calculated by the hours and rates in accordance with the section of the attached "Detailed Proposal" entitled "Compensation" not to exceed a total of six thousand dollars ($6,000). No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, CHANGES IN WORK. The fee payable to the Consultant by the City for schematic design and project budget, design development and cost estimating, and construction documents including, but not limited - 3 - to, final plans and specifications, referred to as Tasks II through IV inclusive, shall be calculated at the rate of a fixed fee of 6.5% of the estimated construction budget as determined at the conclusion of Task II, ("Schematic Design and Project Budget") in accordance with the section of the "Detailed Proposal" entitled "Compensation." No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, CHANGES IN WORK. The fee payable to the Consultant by the City for miscellaneous reimbursable expenses incurred by the Consultant and made at the request of the City, shall be expressly limited to printing and delivery of additional project documentation. Reimbursement for said expenses shall be made at the rate of 1.2 times the cost to the Consultant. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, CHANGES IN WORK. 5. PAYMENT OF FEES Payment of fees shall be made within thirty (50) days after receipt and approval of invoices submitted by Consultant to City. All invoices shall be detailed and include a written description of the work performed in accordance with the "Detailed Proposal," dates, hours worked, hourly rate, and total amount of requested p ay me nt. It is understood that if the project is resumed after being suspended for more than sixty (60) days, the Consultant's compensation shall be subject to renegotiation based upon adjustment to billing rates that have occurred in the interim. - a - 6 . CHANGES IN WORK If, in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Engineer who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 7. NON-COLLUSION CLAUSE The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City - 5 - 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. 8. NON-DISCRIMINATION CLAUSE The Consultant shall comply with applicable State and Federal laws regarding non-discrimination. 9. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this contract for non-performance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to the City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating - 6 - under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager or the Consultant receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Attorney. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 12. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. 13. OWNERSHIP DP DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans and other documentation related to the project for his/her records. The Consultant may show to others selected items from reports and documents as part of business development. The Consultant warrants that display of this information will not cause harm to the City. 14. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities, unless the liability or claim is due, or arises out of, solely to the City's negligence. 15. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 16. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any - 9 - architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall became directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, HOLD HARMLESS AGREEMENT, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and ass igns. 20. BUSINESS LICENSE REQUIRED Prior to beginning work, the Consultant shall secure a City of Carlsbad business license and pay the appropriate fee for said license in accordance with Setion 5.04.020 of the Carlsbad Municipal Code. - 10 - 21. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 22. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. DANIELSON DESIGN GROUP CITY OF CARLSBAD: Mayor Title APPROVED AS TO FORM: ATTESTED Assistant City Attorney City Clerk