HomeMy WebLinkAbout1988-12-06; City Council; 9754; Design of Fire Station No. 6 Consultant Agreementw
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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
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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
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LEGEND
FUTURE LOCATION OF
FIRE STATION #6
ECT NAME
FIDE STATION *6
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PROJECT # EXHIBIT
3302 1
11'
6
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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.
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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)
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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
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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
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drawings. Additionally, Consultant shall attend one
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(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
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Fire and ether Departments as may be required during
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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the City for any tax, retirement contribution, social security,_
overtime payment, or workers' compensation payment which the City
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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
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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
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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,
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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
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the requirements of thy: City of Carlsbad Conflict of Interest
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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
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