HomeMy WebLinkAbout1986-11-04; City Council; Resolution 8867..
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A RE
RESOLUTION
DLUTION OF THE CITY C
e
NO* 8867
UNCIL OF THE Y OF CA -4
CALIFORNIA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND THE DANIELSON DESIGN GROUP FOR THE
DESIGN OF THE CARLSBAD PUBLIC SERVICE AND SAFETY CENTER,
PHASE 111, PROJECT NO. 3242
WHEREAS, the City of Carlsbad has solicited proposals for
the design development of the Carlsbad Public Safety and
Service Center, Phase I11 project; and
WHEREAS, all prospective firms were required to submit
qualifications statements and support information; and
WHEREAS, all firms selected as finalists were required to
submit a detailed scope of work proposal; and
WHEREAS, the recommended firm the Danielson Design Group,
Architects, possesses the necessary skills, background, and
expertise to accomplish the project; and
WHEREAS, the City Council of the City of Carlsbad has
previously appropriated funds in the amount of $80,000 in the
1986-87 CIP budget for the design of this project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California that;
1. That the above recitations are true and correct.
2. That the consultant agreement with the Danielson
Design Group attached hereto as Exhibit A is hereby approved.
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3. That the Mayor is hereby authorized and directed to
execute said agreement with the Danielson Design Group on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of November ,
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST: MAR$ H. CASLER, Mayor
d-
ALETHA L. RAUTENKRANZ, City C
(SEAL)
I' 0
AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into as of the 4th day of
November, 1986, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and the Danielson
Design Group, hereinafter referred to as "Consultant."
RECITALS
City requires the services of an architectural consultant to
provide the necessary architectural services for the design of
the Carlsbad Public Safety and Service Center, Phase 111; and
Consultant possesses the necessary skills, background,
professional expertise, experience and qualifications to provide
the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and a Consultant agree as
follows:
1. CONSULTANT'S OBLIGATIONS
The Consultant shall provide architectural consultant
services to the City in accordance with the "Detailed Proposal"
attached hereto which is incorporated by reference and made a
part of this agreement. Said services shall be performed
diligently, in a professional manner, and in accordance with the
terms and conditions of this agreement under the direction of the
City Manager or his authorized representative.
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2. CITY OBLIGATIONS
The City shall pay the Consultant in accordance with
paragraphs (4) and (5) of this agreement upon receipt of invoices
submitted by the Consultant and approved by the City.
3. PROGRESS AND COM-PLETION
The work under this Contract will begin immediately upon
receipt of notification to proceed by the City and be completed
within six (6) consecutive calendar months of that date.
Extensions of time may be granted if requested by the Consultant
and agreed to in writing by the City Manager. In consideration
of such requests, the City Manager will give allowance for
documented and substantiated unforeseeable and unavoidable delays
not caused by a lack of foresight on the part of the Consultant,
or delays caused by City inaction or other agencies' lack of
timely action.
4. FEES TO BE PAID TO .CONSULTANT
The fee payable to the Consultant by the City for the space
needs analysis portion of the project design, referred to as Task
I, shall be calculated by the hours and rates in accordance with
the section of the attached "Detailed Proposal" entitled
"Compensation" not to exceed a total of six thousand dollars
($6,000). No other compensation for services will be allowed
except those items covered by supplemental agreements per
Paragraph 6, CHANGES IN WORK.
The fee payable to the Consultant by the City for schematic
design and project budget, design development and cost
estimating, and construction documents including, but not limited
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to, final plans and specifications, referred to as Tasks I1
through IV inclusive, shall be calculated at the rate of a fixed
fee of 6.5% of the estimated construction budget as determined at
the conclusion of Task 11, ("Schematic Design and Project,
Budget") in accordance with the section of the "Detailed
Proposal" entitled "Compens at ion. " No other compensation for
services will be allowed except those items covered by
supplemental agreements per Paragraph 6, CHANGES IN WORK.
The fee payable to the Consultant by the City for
miscellaneous reimbursable expenses incurred by the Consultant
and made at the request of the City, shall be expressly limited
to printing and delivery of additional project documentation.
Reimbursement for said expenses shall be made at the rate of 1.2
times the cost to the Consultant. No other compensation for
services will be allowed except those items covered by
supplemental agreements per Paragraph 6, CHANGES IN WORK.
5. PAYMENT OF FEES
Payment of fees shall be made within thirty (30) days after
receipt and approval of invoices submitted by Consultant to City.
All invoices shall be detailed and include a written description
of the work performed in accordance with the "Detailed Proposal,"
dates, hours worked, hourly rate, and total amount of requested
payment.
It is understood that if the project is resumed after being
suspended for more than sixty (60) days, the Consultant's
compensation shall be subject to renegotiation based upon
adjustment to billing rates that have occurred in the interim.
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6. CHANGES IN WORK
If, in the course of this Contract and design, changes seem
merited by the Consultant or the City, and informal consultations
with the other party indicate that a change in the conditions of
the Contract is warranted, the Consultant or the City may request
a change in Contract. Such changes shall be processed by the
City in the following manner: A letter outlining the required
changes shall be forwarded to the City or Consultant to inform
them of the proposed changes along with a statement of estimated
changes in charges or time schedule. After reaching mutual
agreement on the proposal, a supplemental agreement shall be
prepared by the City and approved by the City Council. Such
supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement. Changes requiring
immediate action by the Consultant or City shall be ordered by
the City Engineer who will inform a principal of the Consultant's
firm of the necessity of such action and follow up with a
supplemental agreement covering such work.
7. NON-COLLUSION CLAUSE
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making this
agreement. For breach or violation of this warranty, the City
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shall have the right to annul this agreement without liability,
or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8. NON-DISCRIMINATION CLAUSE
The Consultant shall comply with applicable State and
Federal laws regarding non-discrimination.
9. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this Contract,
the City may terminate this contract for non-performance by
notifying the Consultant by certified mail of the termination of
the Contract. The Consultant, thereupon, has five (5) working
days to deliver said documents owned by the City and all work in
progress to the City Manager. The City Manager shall make a
determination of fact based upon the documents delivered to the
City of the percentage of work which the Consultant has performed
which is usable and of worth to the City in having the Contract
completed. Based upon that finding as reported to the City
Council, the Council shall determine the final payment of the
Contract.
10. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
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under the provisions of this Contract, shall be reduced to
writing by the principal of the Consultant or the City Manager.
A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Manager or
the Consultant receiving the letter shall reply to the letter
along with a recommended method of resolution within ten (IO)
days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the
Office of the City Attorney. The City Council may then opt to
consider the directed solution to the problem. In such cases,
the action of the City Council shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the
parties seeking remedies available to them at law.
11. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
City, the Consultant shall assemble the work product and put same
in order for proper filing and closing and deliver said product
to City. In the event of termination, the Consultant shall be
paid for work performed to the termination date; however, the
total shall not exceed the guaranteed total maximum. The City
shall make the final determination as to the portions of tasks
completed and the compensation to be made. Compensation to be
made in compliance with the Code of Federal Regulations.
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12. STATUS OF THE CONSUL,TANT
The Consultant shall perform the services provided for
herein in Consultant's own way as an independent contractor and
in pursuit of Consultant's independent calling, and not as an
employee of the City. Consultant shall be under control of the
City only as to the result to be accomplished and the personnel
assigned to the project, but shall consult with the City as
provided for in the request for proposal.
13. OWNER,SHIP OF DO-CUMENTS
All plans, studies, sketches, drawings, reports, and
specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In
the event this Contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered
forthwith to the City. Consultant shall have the right to make
one (1) copy of the plans and other documentation related to the
project for his/her records. The Consultant may show to others
selected items from reports and documents as part of business
development. The Consultant warrants that display of this
information will not cause harm to the City.
14. HOLD HARMLESS AG.RE,EMENT
The City, its agents, officers, and employees shall not be
liable for any claims, liabilities, penalties, fines, or any
damage to goods, properties, or effects of any person whatever,
nor for personal injuries or death caused by, or resulting from,
or claimed to have been caused by, or resulting from, any
intentional or negligent acts, errors or omissions of Consultant
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or Consultant's agents, employees, or representatives.
Consultant agrees to defend, indemnify and save free and harmless
the City and its authorized agents, officers, and employees
against any of the foregoing liabilities, unless the liability or
claim is due, or arises out of, solely to the City's negligence.
15. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
16. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this Contract by the Consultant, Consultant shall
be fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for
the acts and omissions of persons directly employed by
Consultant. Nothing contained in this Contract shall create any
contractual relationship between any subcontractor of Consultant
and the City. The Consultant shall bind every subcontractor and
every subcontractor of a subcontractor by the terms of this
Contract applicable to Consultant's work unless specifically
noted to the contrary in the subcontract in question approved in
writing by the City.
17. PROHI-BITED INTEREST
No official of the City who is authorized in such capacity
on behalf of the City to negotiate, make, accept, or approve, or
take part in negotiating, making, accepting, or approving of any
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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.
18. VERBAL AGREEMENT OR CON,VE.RSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the
execution of this Contract, shall affect or modify any of the
terms or obligations herein contained nor such verbal agreement
or conversation entitle the Consultant to any additional payment
whatsoever under the terms of this Contract.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, HOLD HARMLESS
AGREEMENT, all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors,
and assigns.
20. BUSINESS LICENSE R,EQUIRED
Prior to beginning work, the Consultant shall secure a City
of Carlsbad business license and pay the appropriate fee for said
license in accordance with Setion 5.04.020 of the Carlsbad
Municipal Code.
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21. EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
22. CONFL.IC-T OF INT,EREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk of the City of Carlsbad in accordance with
the requirements of the City of Carlsbad Conflict of Interest
Code. The Consultant shall report investments or interests in
real property.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals.
DANIELSON DESIGN GROUP CITY OF CARLSBAD:
BV
APPROVED AS TO FORM:
v Assistant City Attorney
I_ Mayor
ATTESTED:
City Clerk