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HomeMy WebLinkAbout1988-12-06; City Council; 9754; Design of Fire Station No. 6 Consultant Agreementw O Os. 0. d O V a U Z M O 0 CIT':OF CARLS_PAD -- AGEND°;, BILL Tl7LE: DEPT. HD. MTG.rr,. C CONSULTANT AGREEMENT FOR THE CITY ATTY DEPT. MP DESIGN OF CARLSBAD FIRE STATION ___c-�*� NUMBER 6, PROJECT NO. 3302 CITY "MG RECOMMENDED ACTION: Adopt Resolution No.ft- /G approving a consultant agreement with the Danielson Design Group for the design of Carlsbad Fire Station No. 6. ITEM EXPLANATION: On October 11, 1988, the City Council adopted Resolution No. 88- 366 approving an agreement with the La Costa Ranch Company for the development and construction of a temporary fire station in the southeastern quadrant of the City. The approval of Local Facilities Management Plans for Zones 6, 11, and 12 identify a fire facility shortfall in this area of the City. Subsequent to the October 11th Council action, staff prepared a detailed scope of work for the design of a temporary fire station on property made available to the City from the La Costa Ranch Company fronting Levante Street west of La Costa Avenue. Proposals were solicited from six (6) qualified architectural firms identified for the project. Three (3) formal proposals were submitted and reviewed on November 8, 1988 by Municipal Projects and Fire Department personnel. The Danielson Design Group of San Juan Capistrano, California was identified as the firm submitting the most complete and detailed design proposal and is recommended to design the project. This same architectural firm designed Carlsbad Fire Station No. 5 currently under construction at the Public Safety and Service Center. Staff recommends approval of the attached consultant agreement. The temporary fire station will consist of a modular living quarters unit for Fire Department personnel with an adjacent modular equipment storage bay. It is anticipated this fire station will remain at this temporary location approximately five (5) to seven (7) years until such time as a permanent station fronting the realigned, improved Rancho Santa Fe Road is completed. Construction is anticipated to occur during the Summer of 1989. FISCAL IMPACT: The City Council has previously appropriated $650,000 of Public Facility Fee funds in account number 320-820-1810-3302 for the design and construction of a permanent Carlsbad Fire Station No. 6 along Rancho Santa Fe Road. These funds will be utilized as interim cash flow for the design and construction of the temporary Fire Station No. 6 on Levante Street. In accordance with the terms and conditions of the City's agreement with the La Costa Ranch Company, the City will be reimbursed for all costs a Page Two of Agenda Bill No.�" associated with the design and construction of the temporary fire station up to a maximum of $250,000. The attached consultant agreement identifies a scope of work for the complete design of the project including required architectural assistance during the construction phase for a lump sum cost of $29,200. The project will require a Planning Commission approved Conditional Use Permit insuring the temporary fire station is compatible with the surrounding residential character of the neighborhood and is adequately designed and landscaped. As required, the architects will be preparing the necessary exhibits, design elevations, site layout, and renderings to assist in the planning review process. EXHIBITS• 1. Location map. 2. Resolution No.approving a consultant agreement with Danielson Design Group for the design of Fire Station No. 6. 3. Consultant agreement, LOCATION MAP <1 LEGEND FUTURE LOCATION OF FIRE STATION #6 ECT NAME FIDE STATION *6 AIRPORT Q0,' PALOMPa o-0, r R ALG � ao. t oy uro5 AAA. VIGINIT'Y MAp PROJECT # EXHIBIT 3302 1 11' 6 7 9 10 11 12 13 14 15 16 17 18 19, 20' 211 22 23' 24 25 26 27 28 RESOLUTION NO. 88-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF'CARLSBAD AND DANIELSON DESIGN GROUP, FOR THE DESIGN OF FIRE STATION NO. 6. PROJECT NO. 3302 WHEREAS, proposals have been received by the City of Carlsbad for the design of Fire Station No. 6; and WHEREAS, the firm of Danielson Design Group has been selected to perform the design services and required architectural assistance during the construction phase of the project; and WHEREAS, funds in the amount of $650,000 are available in the Project No. 3302 as previously appropriated by the City Council for the design and construction costs; and WHEREAS, the City Council of the City of Carlsbad has on October 11, 1988 approved an agreement with the La Costa Ranch Company for the reimbursement of up to $250,000 of funds to the City for the design and construction of the temporary Carlsbad Fire Station No. 6. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement between the City of Carlsbad and the Danielson Design Group for the design of Fire Station No. 6, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. 2 3 4 5 6 7 q., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 J. Following the Mayoras signature of the agreement, the City Clerk is further authorized and directed to forward copies of said agreement to the Danielson Design Group, 31732 Rancho Viejo Road, Suite D, San Juan Capistrano, CA 92675, and the Municipal Projects Department for their files. 4. That the consultant fee of $29,200 by the Danielson Design Group for the design of Fire Station No. 6 is hereby japproved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of December , 1988, by the following vote, to wit: AYES: Council Members Lewis, Pett-ine, Manaux and Larson NOES: None ABSENT: Council Member Kulchin UL UDE A. 3WIS, Mayor (ATTEST: ALETHA L. RAUTENKRANZ, City C1 rk (SEAL) a AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES CITY OF CARLSBAD FIRE STATION NO. 6 THIS AGREEMENT, made and entered into as of the 22nd day of November, 1988, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and the DANIELSON DESIGN GROUP, a California Corporation, hereinafter referred to as "Consultant." RECITALS Cite requires the services of an architectural consultant to provide the necessary architectural services for the design of City of Carlsbad Fire Station No. 6; and Consultant possesses the necessary skills, background, professional expertise, experience, financial resources, and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS The Consultant shall provide architectural consultant services to the City for the design of City of Carlsbad Fire Station No. 6. Said services shall include the following: A. Schematic Design Through Bidding Assistance: Consultant shall prepare all schematic design and final construction drawings and specifications for the design of Fire Station No. 6 to include all in-house or retained subconsultant services. Consultant shall prepare schematic design perspective renderings and L attend the City of Carlsbad Planning Commission meeting to present the project design for required Conditional Use Permit. Consultant shall incorporate corrections/ modifications to project schematic design required by City prior to proceeding to prepare final working J/ drawings. Additionally, Consultant shall attend one f� (1) City Council meeting to present the project design prior to authorization to bid construction by City. Consultant shall attend three (3) meetings with City �• Fire and ether Departments as may be required during , 0 the design phase of the project. Consultant shall prepare bid addenda as may be required and be available to respond to telephone questions of prospective bidders during the bidding phase of the project. B. Architectural Assistance: During Construction: The Consultant shall provide assistance to the City during the construction phase of the project to include attendance at the pre -construction meeting, three (3) monthly site visits and preparation of job status reports, review of construction shop drawings and submittals, preparation and distribution of project bulletins if required, and availability to provide reasonable interpretation of the construction documents on behalf of City to the project contractor. 2. CITYtS OBLIGATIONS The City shall pay the Consultant in accordance with Sections 4 and 5 of this Agreement upon receipt of monthly invoices prepared and submitted by Consultant and approved by the 0 d 3 City. City shall provide geotechnical services as may be required for the design of the project. City shall provide all construction inspection and project management as may be required during the construction phase of the project. 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 two (2) weeks for schematic design and an additional five ; (5) weeks for submission of completed construction drawings and _ specifications for City plan check. Incorporation of plan check comments and modifications shall be performed diligently by i Consultant for the final review and approval of the City. Consultant shall provide services during the bidding and construction phases as identified in Section 1 of. this Agreement in relation to the bidding and construction time frames established for the project. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Manager or his designated representative. 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 timely action. 4. FEES TO BE PAID TO CONSULTANT The fee payable to the Consultant from the City shall be $17,000 lump sum for all work from the schematic design through bidding assistance phase of the project as identified in Section 1 of this Agreement. The fee payable to the Consultant from the n 4 City shall be $ 9,000 lump sum for all work required for architectural assistance during construction as identified in Section 1 of this Agreement. The fee payable to the Consultant from the City shall be $ 1,200 for the preparation of schematic design perspective renderings if required by City for the Conditional Use Permit process. 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 to accomplish the design of this project shall include expenses related to long distance telephone, travel, xerox, postage, printing and delivery and shall be charged at the rate of 1.2 times the cost to the Consultant up to a total of $ 2,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES ' Payment of fees shall be made within thirty (30) days after receipt and approval of invoices submitted by Consultant to City. All invoices shall be detailed and shall include a written a description of the work performed in accordance with the terms and conditions of this Agreement. : 6. FINAL SUBMISSIONS Within fourteen (14) days of completion and approval of the final design, the Consultant shall deliver to the City the following items: A. Original mylars at scale of the drawings reproducible on standard 24" by 361",tsheets. Consultant shall submit 5 the comn7eted rpr-J,e^.t r+--4f' :.: •4.._1..1 c..- r r- ��- N•- s iCu..a viaS �ui%.CXJ L i:vL bidding purposes. B. All final architectural and engineering certifications and documents. The plans shall be signed by a Registered Civil Engineer, Registered Landscape Architect and/or a Registered Architect licensed from the State of California, as appropriate. 7. CHA14GES 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 by 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 Manager 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. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee 6 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 of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. 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 nonperformance 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 documentF delivered to City t of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract ;.ompleted. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. i 7 11. 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 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 principal 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 1 City Council for their resolution through the Office of the City Manager. 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. 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services for I the design of City of Carlsbad Fire Station No. 6 and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Architects numb:r or Registered Civil 8 Engineer or Landscape Architect's number. 13. 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 por"tions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 14. 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. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this contract shall be the full and complete compensation to which the Consultant is entitled. The City shall not make any Federal or State tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify 9 the City for any tax, retirement contribution, social security,_ overtime payment, or workers' compensation payment which the City rs may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, ' subcontractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF 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 to 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 for his/her records. 17. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable 10 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 claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications. 18. 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. 19. 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 11 noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approv±, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this• Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 21. VERBALLY_ 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 entitles the Consultant to any additional payment wh, aver under the terms of this Contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Section 17, "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, I I 12 and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with s the requirements of thy: City of Carlsbad Conflict of Interest i 'Code. 25. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000). This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10) days prior notice to the City. The City shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. IN WITNESS WHEREOF, we have hereunto set our hands and seals. DANIE N ES GN GROUP CITY OF CARLSBAD: BC----__-- Mayor Title APPROVED AS TO FORM: ATTESTED: Assistant City Attorney City Clerk Pi