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HomeMy WebLinkAbout2002-04-02; City Council; 16706; Carlsbad Civic Center ProjectCITY OF CARLSBAD --AGENDA BILL AB# I1,,70b DEPT.HD(]'/ : APPROVAL OF AGREEMENT FOR MTG. 4-293 CITY MGR ds FOR THE CARLSBAD CIVIC CENTER PROJECT DEPT. CD 8 CM CITY AT STRATEGIC OCCUPANCY PLANNING STUDY AND APPROPRIATION OF PROJECT FUNDS I RECOMMENDED ACTION : It is recommended the City Council ADOPT RESOLUTION NO. JCOa- 102- approving an agreement with IR2 - Interior Resource, Incorporated to prepare a Strategic OccupancyPlanning Study for the City of Carlsbad's Civic Center Project and appropriation of project funding. I ITEM EXPLANATION : On December 11, 2001, the City Council adopted Resolution No. 2001364 approving the acquisition of a 13.51 acre site at the corner of El Camino Real and Faraday Avenue for the purposes of developing over time a Civic Center Project. As the first step toward the creation of a project Masterplan for this site, staff recommends preparation of a Strategic Occupancy Planning Study to develop and analyze the following base project data: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Development of Project Organization Department Base Data Gathering Space Projection Database Best Practices Audit of Comparable Municipalities Analyze Existing Space Standards Including Validation Department and Executive Interviews Survey Existing Site Conditions Analyze Existing As-built Architectural Conditions Prepare Final Space Projections Develop Adjacency and Relationship Data Prepare Strategic Occupancy Planning Report Develop Departmental Occupancy / Stacking Plans Develop Specific Block Plans for Each Department within New Building(s) With respect to the requirements of Section 3.28 of the Carlsbad Municipal Code regarding acquisition of professional services, identical work was previously undertaken by this same firm on behalf of the City and utilized as necessary base programming data for the City's Faraday Center and Public Works Center facilities. The proposed study will essentially complete the inventory of the City's Departments and work units which may be relocated to a new Civic Center facility in the future. These consultants have extensive and successful prior work experience with the City in this capacity. Their expertise and knowledge of the services to be provided is unmatched. Their existing data base of City space programming cannot be duplicated by other consulting firms without expensive and time consuming additional work. Therefore, staff recommends approval of the attached consulting agreement which is in compliance with the requirements of the aforementioned municipal code section. AB# IGJW Page 2 The consultants, working in concert with the four-member City Facilities Team, will begin work on this Study within two weeks of authorization to proceed and require approximately four (4) months to complete the Study. Staff will return to the City Council later this year with the results and recommendations arising from the Strategic Occupancy Planning Study. Individual consultant agreements to provide professional services for City projects are exempt from the requirements of the California Environmental Quality Act (“CEQA). The Civic Center Project, in whatever final form it takes, will undergo environmental review in accordance with the City’s applicable ordinances and requirements and in compliance with CEQA. The project will also require a Conditional Use Permit from the Planning Commission following submission of the customary City development application. FISCAL IMPACT: The total cost of the proposed Strategic Planning Occupancy Study is $75,150. Staff requests the City Council appropriate this amount from the General Fund Contingency and authorize the Finance Director to establish a project account for this work. EXHIBITS: 1. Resolution No. 900 a -/d 9 approving a consultant agreement with IR2 - Interior Resource Incorporated to prepare a Strategic Occupancy Planning Study for the Carlsbad Civic Center Project and appropriate project funds. 2. Consulting Agreement. 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ZOO:.-1OZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROWING A CONSULTANT AGREEMENT FOR A STRATEGIC OCCUPANCY PLANNING STUDY FOR THE CARLSBAD CIVIC CENTER PROJECT AND APPROPRIATION OF PROJECT FUNDS WHEREAS, the City Council of the City of Carlsbad, California, did previousl) adopt Resolution No. 2001364 on December 11. 2001 acquiring a 13.51 acre site tc develop a Carlsbad Civic Center Project, hereafter referred to as the ”Project;” and WHEREAS, a Strategic Occupancy Planning Study is a recommended first step in the development process for the Project; and WHEREAS, a proposal has been prepared by IR2 - Interior Resource Incorporated to provide the recommended study; and WHEREAS, the City Council of the City of Carlsbad, California, does hereby find it necessary, desirable, and in the public interest to proceed with the preparation of a Strategic Occupancy Planning Study for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That a consultant agreement with IR2 - Interior Resource Incorporated is hereby approved and the Mayor is authorized to execute said agreement. Following the Mayor‘s signature of said agreement, the City Clerk is directed to forward copies of this Resolution and the executed agreement to IR2 - Interior Resource Incorporated, Attention: Mr. Joseph O’Holleam, Vice President, 1500 State Street, Suite 230, San Diego, California, 92101, and the Recreation, Finance, Economic Development, and Building Inspection Departments. AGREEMENT FOR PROFESSIONAL SERVICES STRATEGIC OCCUPANCY PLANNING. FOR THE CARLSBAD CIVIC CENTER PROJECT THIS AGREEMENT is made and entered into as of the Jsr day of corporatioh: ("City"), and IR2 - INTERIOR RESOURCE, INCORPORATED, ("Contractor"). hJ &\l , 2002, by and between the CITY OF CARLSBAD, a municipal RECITALS A. City requires the professional services of an interior space occupancy B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its planning firm that is experienced in said services. services and advice related to said services. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A, which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 City Attorney Approved Version W5.22.01 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be seventy-five thousand, one hundred and fifty dollars ($75,150). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, ikbfficers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, 2 City Attorney Approved Version #05.22.01 which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that City may have benefited from their services. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 3 City Attorney Approved Version #05.22.01 10.1.4 Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providins Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 4 City Attorney Approved Version #05.22.01 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Title: Municipal Projects Manager Name: Joseph O’Hollearn Department: Recreation Title: Vice President City of Carlsbad Address: 1500 State Street, Suite 230 Address: 1200 Carlsbad Village Drive San Diego, California 92101 Carlsbad, California 92008 Phone No.: 619-231-8797 Phone No.: 760-602-2726 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, 5 City Attorney Approved Version #05.22.01 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #05.22.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor 7 City Attorney Approved Version #05.22.01 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (print vame/title) ATTEST: 8 City Attorney Approved Version #05.22.01 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. ‘Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oflicer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney 9 City Attorney Approved Version Ml5.22.01 I CORRESPONDENCE-NE I Interior I Resource DATE January 15,2002 RNiredFtbntaty 19,2002 CLIENT John Cahill Municipal Projects Manager City of CvLbad I200 Carlsbad Village Drive Carlsbad, CA 92008 CONSULTANT 1: -Interior Resource, Inc San Diego, CA 92101 1500 State Street, Suite 230 PROJECT Strategic Occupancy Planning Services City of Culsbad, Civic Center New Faciliry at Farmer's Insurance Site (Existing 128,000 sf., New 50,000 sf.) cc-0201 OVERVIEW City of Carlsbad has purchased a 13-acre site located on the corner of Faraday and El Gmino Real. The rite includes an &sting 128,000 sf. 3-story buildingwith plans to construct a +/- 50,000 sf. companion building. The huildiogs will ideally house a majariry of City of Carlsbad departments and execurive offices. A Strategic Occupancy Plan will be analyzed to derermine the projcct parameters and planning criteria to occupy the site. This analysis includes thc following Ciry of Carlsbad's major services areas: Community Services, Fire Department and Prevention, Public Works (non-maintenance), Administration Services and Community Development. Strategic Occupancy Planning Services are outlined in this proposal. All services will be provided by 11' - Interior Resource, Inc. SCOPE 0.0 STRATEGIC OCCUPANCI PLANNING 0.1 Project Organization - Manage all administrative responsibilities required to complete the planning phase including project preparation, roles and responsibilities, meetings, correspondence and schedule. (12 metrings) 0.2 Project Team Interview - Interview Project Team regarding project goals and direction, current space projections and tracking procedures urilized by CLIENT. Ourline goals, expectations and approval process. 0.3 Department Data Collection - Receive CLIENT generated HR database to indude employee number, employee name, job title, contracto~l/vendors/temps, department name, department number, division, business unit, VP name, supervisor, building and existinglocation. Receive AutoCAD floor plans ofgroups proposed for new site. Perform document audit and validation. - im i 619.231.8797 1500 STATE STREET SUITE 230 SAN DlEGO CALIFORNIA 92101 : irZ@sandiego.com j 619.231.3070 """""""""""------------------ I CORRESPONDENCE-N' I Interior I Resource 0.4 0.5 0.6 0.7 0.8 0.9 0.10 0.1 1 0.12 0.13 0.14 Space Projection Database - Develop custom Space Projection database: clean and produce initial Space Projections. import CLIENT data, compare data and produce discrepancy reports, summarize to Best Practices Audit - Develop list of similar municipalities and contacts to research (12 municipalities). Conduct telephone survey to understand employee headcount, organization structure and functionality, adjacencies, office standards, etc. Document results to compare, confirm and challenge current CLIENT conditions. Documenation Format - Propose documentation format as it relates IO current and future Space Projections. Set up ten reports (is., quarterly, ten-year forecast, square footage, etc.) for review and approval. Develop best practices swey, depmment questionnaire and council quenionnaire. Space Standards - Compare oristing space standards to indusoy best practices. Suggest modifications. Documenr final space standards IO indude assignment criteria, guidelines, drawing and deviation from nandards form. Space Projection Validation - Prepare personnel projection and adjacency padrage to distribute to Faraday and Public Works departments for validation. Indude results in Space Projection reporr. Department Interviews - Conduct interviews with CLIENT department managers and/or key contacts to validate staffing projections, depanmental adjacency requirements, and project goals. Provide summary repom for management review. Fir< Cbicf and Firr Marsbd.) (22 inrrNiclur or drpartmmtr) (DOCJ not include Farndny or Public Works, 6ut inrludrr Executive Interviews - Conduct brief executive interviews with City Council Members, City Manager, Ciry Anorney and City Clerk to understand goals, expectations and vision. (I2 inttmim,) Site Survey- Conduct site SUNT to understand business operations and exining site conditions. Report as necessary. As-Builts - Field verify proposed Farmers site to confirm visible architectural conditions. Update CAD documents. Find Space Projections - Preparc and present final Space Projections for review and approval by CLIENT management. Revise projections as required. Adjacency Study - Oudine optimum adjacencies for all departments using relationship chm data gathered in interviews. Develop Relationship Bubble Diagram for review and approvd by CLIENT management. 1 CORRESPONCIENCE-N9 I Interior I Resource 0.15 Occupancy Sum- Repn - Prepare written Occupancy Summary Repon to indude Executive Brief, Space Projections, Adjacency Diagrams, lntelview Notes and Data Analysis. 0.16 Occupancy/ Stadring Pkn - Dwelop and present alternatives for depmmenral occupancy/ stacking plans. (3 aptianr) 0.17 Block Pb - Develop block plans depicting specific location for each depmment wirhin buildings Develop block plans for existing building(s) and proposed new building(s) on site. Prepare alternative site massing options. (3 optianr) 0.18 Revim and Approval - Review with CLIENT far approval and determination of direction for next phase. Smarrgic P&nning drlivnabLr imld: But Prm'ces Audit, Qwstionnaircr, Find Spate Stanhrd, Site Survey Rrport, Ar-Builn, Spat Pmjcctiom Repon, Ac&zccnry Sdy, Ompanry Summav Report, Ocorpanry/ Stacking PInn and Bkk Plan. ASSUMPnONS I. CLIENT to provide employee database to indude employee number, name, group, division, supervisor, VP, building, cube or office number. 2. CLIENT to provide current as-built AutoCAD documents (if available) of all buildings &red. Corrupt AuroCAD documents rhat require reformatting are not induded in fee. 3. CLIENT to provide required information and communicate expeditiously. 4. Interviews are at upper management level. Derailcd interviews with addiriand CLIENT staffwill be done in future Phase 1 - Programming/ Needs Assessment. 5, CLIENT project team (4) to approve dacuments prior to IC' proceeding IO next activiry. 6. Project Schedule is estimated at approximately I5 weeks. 7. One weekly meeting (1 hour) is estimated for the duration of schedule. 8. Furniture Inventory is not included in this Phase. If it is determined a requirement, a repaate proposal will be required. 9. Re-documenting As-Builts may require additional fees upon findings. FEE Services oudined herein far the above xope of services are provided as estimated below: Phase Descriotion 0.0 Strategic Occupancy Planning Services Estimated Fee $68,320 Contingency (10%) $di.&z! TOd $75,150 Note: Contingency will not be utilized without prior written authorization. 3 I CORRESPONDENCE-N' I Interior I Resource RATES/ ADDITIONAL SERVICES EXPENSES PROVISIONS All Scrvices are provided at the standard hourly rates outlined below. Additional Services requested of 1; - Interior Resource, Inc. will be provided on a time and materials basis. Principal $120 hr Relocation Project Manager Project Manager $ 95 hr $ 95 - 105 hr Project Designer CADD Designer $ 85 hr $ 85hr Rd-cion Coordinator Relocarion Field Support $ 75 - 85 hr $ 65 hr Design Intern $ 65 br Adminisrration Support $ 50hr Reimbursable expenses will be estimated at approximately 10% of the project fee, Reimbursable plus 15% mark-up. expenses far ploning, printing. copying, shipping, courier, telephone calls and fwng are billed at COB Reimbursable uavel expenses within San Diego County are limited to mileage expenses charged at $ .39 per mile. Reimbursable travel expenses outside of San Diego County indude mileage at $ .39 per mile and plus 15% mark-up. $50.00 per hour for door to door travel time. Other transportation, hotel and food are billed at cost CLIENT shall provide full information regarding its requirements for rhe project and shall provide documentation, as required, for rhe full performance of Ir'-Intcrior Resource, Inc. CLIENT shall examine documents delivered by IC'-Interior Resource, Inc. and shall render decisions shall notify Ir'-lnterior Resource, Inc. immediately if it observes or becomes aware of any fault or omission requested by Ir'-lnterior Resource, Inc. pertaining to documents ro assure schedule adherence. CLIENT in the documents or services provided by 11'-Interior Resource, Inc. CLIENT shall furnish such legal, accounting and insurance services as may be necessary far the project administration. CLIENT shall be invoiced at rhe end of each month and payment is due and payable upon receipt. 1:- the preceding month. Interior Resource, Inc. invoices will indicate the mounts charged for fees and reimbursable expenses in Accounts more than thirty days past due will incur a finance charge of I .5% per month (1 8% APR). Any cost incurred (it., colhction wrvicrr, lcgnlfr, 4 in the collection ofan account shall be the responsibiliry of CLIENT. immediately. We shall assume no notification afrfter 30 days indicates CLIENT'S acceptance and approval If there arc any questions regarding an I;-Interior Resource, Inc. invoice, please contact our ofice of invoice. I CORRESPONDENCE-NP I Interior I Resource I:-lnterior Resource, Inc. is reimbursed at the rate of 1.5 rimes OUT smdard hourly rates for weekend and weekdays after 1200 a.m. (midnigh) site work. AU drawings, documents, and specifications produced far this project are instruments of service for this project and shall remain the property of Ir'-Interiar Resource, Inc. unless otherwise specified. Reproducible copies of all materials are available upon request. project. This generally indudes a brief press release and may indude a case study used in privately Ir'-Interior Resource, Inc. reserves the right IO advertise and promote that it has been retained for the distributed marketing materials. Both parries shall hold all final plans, drawings, budgets, programming and other materials contidentid. IC'- Interior Resource, Inc. requests the right to photograph the completed project for submission to any or all publications (trade journals, awards, advertisements, etc.), if applicable. Formal requests shall be made by 11'. Interior Resource, Inc. Re-negotiation: If rc-planning of the project is requircd as a result of unanticipated budgetary changes, increased costs, strikes, acts of God or for other reasons beyond the control of I?-Interior Resource, Inc. andlor CLIENT, Ir'-lnterior Resource, Inc. reserves the tight to renegotiate this contract. Severability: The parries agree 10 communicate mutual understuldq and responsibilities. Any element of this agreement later held to violate a law or regulation shall be deemed void and all remaining provisions shd continue in force. Fee Adjustment: Should the scope of this project or the anticipated conditions be modified by CLIENT significantly during the progress of this project, I;-lnterior Resource, Inc. reserves the right to request a fee adjustment. I;-Intetior Resource, Inc. to notify of fee adjustment in writing; approval of such shall not be unreasonably withheld by CLIENT. Warranties: In performing their professional services, Ir'-lnterior Resource, Inc. will use that degree of care and SUI ordinarily exercised in thc profession of interior design. No other warranry, expressed or implied, is made or intended by this Agreement. Both parries shall hold Ir'-Interior Resource, Inc. harmless from any damages, costs, or losses that may arise as a result of any liability action, or by reason of any action, daim or proceeding except those caused by the grass negligence of either parry's professional services. Termination: This agreement may he terminated by either parry upon founecn (14) days written notice. In the event ofsuch cancellation, all accrued fees and expenses are due for the work performed through the termination date. Upon termination and payment for services rendered, documents may be made available for diem's use. Client will hold I? harmless for use of documents if re-used. Arbitration: All claims, disputes and other matters in question between the parries to this Agreement shall be decided by arbitration in accordance with a mutually agreed upon Arbitration Association. The cost of the arbitration shall be equally shared between Ir'-InteriorResource, Inc. and CLIENT and the prwding parry will be entitled to the award of attorney fees. I CORRESPONDENCE-N' I Interior I Resource Liabilities: It is spedfically undersrood and agreed rhar in no case shd I?-lnrerior Resource, Inc. be levied to recognize more than actual economic damws to prevailing parry. I?-Inrcrior Resource, Inc.'s required IO pay an amount disproportional to 1r'-Interior Resource, Inc. culpability, or any share amounr total liability to CLIENT for any and d injuries. daims, losses, expenses, damages or claim expenses arising our of this agreement from any cause or causes, shall not exceed rhe rotal fee for Ir'-Interior Resource, Inc. services. (To includc, but not be limitrd to, gross nrgligmcr, cmm, omirrionr, rnin liability or breach of conmart.) AGREEMENT This proposal shall sewe as the Agreement when signed by an officer of both firms. Ir' - Interior Resource, Inc. will invoice CLIENT at the end of each month for work performed in the preceding billing period. Due and payable upon receipt. CLIENT agrecs to pay as stared. ACCEPTANCE THIS AGREEMENT IS HEREBY ACCEITED AS SET FORTH ABOVE: This Agreement contains confidential and proprierary trade secrers and is not to in any farm without prior consent hy Ira - Interior Resource, Inc. The conrents of this agreement are to anyone outside of the Persodclient for whom it was prepued. / 6 Interior I Resource - CORRESPONDENCE-N' - im i 619.231.8797 1500 STATE STREET SUITE 230 SAN DIEGO CALIFORNIA 92101 ~ ir2 @sandiego.com : 619.231.3070 ..~~..~~~.....~.......~~~~~~.. ~CIU~TU_ LEK I lrhW I e ur LIHBILI I Y INSLJKANGI&;g~y ~j "Alh ,Mm,oom, 'ROOUCER 03/18/02 3. s , Levine Insurance services, Inc. 3377 cam1 Mountain Road san Diego CA 92121 Phone: 858-481-8692 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE - .____ ~ NJ"r?ED " I3 IR2 Interior Resource Inc. 6 Interior Resource Inc. ,NSURER i 1500 state Stxeet Suite 230 San Diego CA 92101 I :NSUREH E " - ,I"hllRt" L, :OVERAGES THE POLICIESOFINSURANCE LISTEI ANY REOUIREMENT. TERM OR CONDI MAY PERTAIN, THE INSURANCE AFFC POLICIES AGGREGATELIMITS SHOb t 1 iCf 'roof of Insurance LO - Professional aIPTION OF OPEr(lTIONOILOCATI0NIM Liability day notice of Canc D BELOW HAVE BEEN ISSUED TO THE INSURE0 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ITION OF ANY CONTRACT OR OTHER WCUMENT wlm RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH YN MAY HAVE BEEN REDUCE0 BY PAID CLAIMS. I POLCY NUMBER Lg\EYs&$VE Po&#i,fiY&p4 LIMITS 7 I 4EPL1005142 02/15/02 02/15/05 claim/Agg $l,ooo,ooo :LEEIEXCLUSIONS ADDEO BY ENDORSEHMTISPECIAL PROVISIONS Ded $1,000 Llation applies for non-payment of premium. ERTIFICATE HOLDER IN I ADOITIONAL INSURED: HSURERLWER: -" CANCELLATION 1 CITY- SHOULD ANY OF TE ABOVEOESCRIEEO POLICIES BE CANCELLED BEFORE THE EYPbRATION 1 city of Carlsbad Recreation Department 1200 Carlshad Villaue Drive ~~ Carlsbad CA 92008-lri89 I REPRESENTATIVES CORD 25-5 (7147) OACORDCORPORATION 1988 L-i . S . LEVINE INSURANCE SERVICES, INC. Date : 4124102 Time : 1 :49:34 PM Pages including cover page: 2 To: Julia Coleman Company : City Atty Office Fax Number : 17604348367 ISubiect: Certificate of Insurance From : Melissa Seybert E.Mail: MeIissa@gslevineins.com Company : G.S. Levine Insurance Fax Number : (858) 481 -7953 3377 Carmel Mountain Road, TEL (858) 523-7519 (800) 451-0517 Fax (858) 481-7953 - AC JRD~ CERTIFICATE OF LIABILITY INSURANCE,,CZ,MJ I nd/,d/n, I DATE (MMIDOWfI _.".. - , 'RODUCEK - - , - - , - - I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3. s. Levine Insurance services, Inc. 1371 Cannel Mountain Road :an Diego Cl 92121 Phone: 858-461-8692 INSURERS AFFORDING COVERAGE "6"RED NsuwtXA CNA Insurance campany(wa~;l~> IR2 Interior Resource Inc. h Interior Resource Inc. 1500 state Street Sulte 230 San Diego CA 92101 I NSURERB State Comp Insurance Fund ,NSURER C 'USUUtK " :ISURER E __ LIP~ILITY 2057593195 GENERAL LIABlUlY CWIMS MDE OCCUR II I EXCESS I lmBILm OCCUR 0 CLAIMSMADE WORKERS COMVENSAnON AND EMPLOYERS. LIPBLIW 1630759 ESCRPTlON OF OPE~~ONSILOCI\TlON~~l~~S,E~~LUIIONS ADDED BY ENOORSEI ae: All Operations of the Named Insured eroof of Insurance 04/15/02 I *lo day notice of cancellation applies for non-payment of premium CITYCAR i City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive carlsbad CA 92008-1989 I \CORD 25-S 17/97) 1 ZANCELLATION J OATE THEREOF. THE SSUING INSURER WLL ENDEAVOR TO MAIL 3C& DAYS wwnm NOTlCE TO THE CERTIFICATE HOLDER NANW TO THE LEFT, BUT FNLURE TO DO SO SHALL OMPOSE NO OBLIGATION OR LIAB~LIT~ OF NW KIND UPON THE INSURER. nr AGENTS OR REPREEEMATIVES. 2-y -2 OACORD CORPORATION 1988 I I I I-i ~__- I 04/15/01 'SPEC!AL PROVISII r of Carl: 3d is named as additional insured as respects general liability per the attached cQ2010. *lo Days notice of cancellation for pon-payment of premium. city of Carlsbad Recreation Department 1200 Carlsbad village Drive Carlsbad U 92008-1989 &CORD 25-5 (71971 JJ-7 -I OACORO CORPORATION 1988 This endorsement Changes The Policy. Please read it Carefully. Additional Insured - Owners, Lessees or Contractors (Form B) This endorsement modlfies Lnsurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name ofperson or Organization: (lfnc, entry appears above, mformatlon requlred to complete this endorsement will he shown in the Declarations as applicahle to this endnrsement ) WHO IS AN INSURED (Section 11) IS amended to ~ncludc w an lnsured the person or organimtlon shom In the schedule. hut only with respect to liah1llty arising out of "your work' for that insured by or for you CG 20 IO 11 X5 Copynght, Insmce Services Office, Lnc., 1984