HomeMy WebLinkAbout2002-04-02; City Council; Resolution 2002-1021
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVIING 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 previously
adopt Resolution No. 2001364 on December 11, 2001 acquiring a 13.51 acre site to
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 OHollearn, Vice President, 1500 State
Street, Suite 230, San Diego, California, 92101, and the Recreation, Finance,
Economic Development, and Building Inspection Departments.
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3. That an appropriation in the amount of $75,150 from the General Fund
Contingency is hereby approved and the Finance Director is authorized to
establish a project account for the Project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 2nd day of Auril , 2002 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ATTEST: 1
(SEAL)
Page 2 of 2 of Resolution NO. -2-
2002-102 4
AGREEMENT FOR PROFESSIONAL SERVICES
STRATEGIC OCCUPANCY PLANNING FOR THE
CARLSBAD CIVIC CENTER PROJECT
THIS AGREEMENT is made and entered into as of the Lsr day of
corporation;" ("City"), and IR2 - INTERIOR RESOURCE, INCORPORATED,
("Contractor").
r/! &\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.
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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, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees,
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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 Coverages 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 Liabilitv. 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.
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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 Providing 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.
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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,
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agents, or subcontractors will complete and tile 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 (10) 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.
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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
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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 qame/title) ATTEST
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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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: &4A&
ty City Attorney
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City Attorney Approved Version #05.22.01
mm7- ;k IC
CORRESPONDENCE-NE
..
CORRESPONDENCE-NE
Interior I Resource
DATE Januq 15,2002
Rrvirrd Februaly 19,2002
CLIENT John Cahill
Municipal Projects Manager
City of carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CONSULTANT 11' - Interior Resource, Inc.
1500 Stare Street, Suire 230
San Diego, CA92101
PROJECT Strategic Occupancy Planning Services
City of Carlsbad, Civic Center
New Facility at Farmer's lnsumce Site
(Existing 128,000 s.E, New 50,000 s.f.)
cc-0201
OVERVIEW City of Carlsbad has purchased a 13-acre site located on the corner of Faraday and El Camino Real. The
site includes an existing 128,000 si 3-story building with plans to consrrucr a +/- 50,000 sf. companion
building. The buildings will ideally house a majority of City of Carlsbad deparrmenrs and execurive
offices. A Strategic Occupanq Plan will be analyzed IO determine the projecr parameters and planning
criteria IO occupy the site.
This analysis includes the following City of Carlsbad's major services areas: Community Services,
Fire Department and Prevention, Public Works (non-rnainrenance), Administration Services and
Community Development.
Strategic Occupanq Planning Services are outlined in this proposal. AU services will be provided by
1; - Interior Resource, Inc.
SCOPE 0.0 STRATEGIC OCCUPANCY 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 meetings)
0.2 Project Team Interview - Interview Project Team regarding project goals and
direction, current space projections and tracking procedures utilized by CLIENT.
Outline goals, expecrarions and approval process.
0.3 Department Data Collection - Receive CLIENT generated HR database IO indude
employee number, employee name, job title, contractors/vendors/temps, depmmenr
name, department number, division, business unit, VP name, supervisor, building
and existing location. Receive AutoCAD floor plans of groups proposed for new site.
Perform documenr audit and validation. ............................................................................................................................................... - im ~ 619.231.8797
1500 STATE STREET SUITE 230 SAN DlEGO CALIFORNIA 92101 i ir2@sandiego.com j 619.23f.3070 .........................................
CORRESPONDENCE-N'
Interior I Resource
0.4
0.5
0.6
0.7
0.8
0.9
0.10
0.11
0.12
0.13
0.14
Space Projection Database - Develop custom Space Projection database; dean and
impart CLIENT data, compare data and produce discrepancy reports, summarize to
produce initial Space Projections.
Best Practices Audit - Develop list of similar municipalities and contacts to research
(12 municipalities). Conduct telephone survey to understand employee headcount,
organization StNCtuIe and functionaliry, adjacencies, office standards, etc.
Document results to compare, confirm and challenge current CLIENT conditions.
future Space Projections. Set up test reports (Le., quarterly, ten-year forecast, square
Documentation Format - Propose documentation format as it relates to current and
footage, etc.) far review and approval. Develop best practices survey, department
questionnaire and council questionnaire.
Space Standards - Compare existing space standards to industry best practices.
Suggest modifications. Document final space standards to indude assignment
criteria, guidelines, drawing and deviation Emm standards form.
Space Projection Validation - Prepare personnel projection and adjacency pahe
to distribute to Faraday and Public Works departments for validation. Indude
results in Space Projection report.
Deparunent Interviews - Conduct interviews with CLIENT department managers
and/or key contacts to validate staffkg projections, departmental adjacency
requirements, and project goals. Provide summary report for management review.
File Chicfand Fire MarrhaU)
(22 intmim3 ordrparmtcn~) (Dm not include Faradq orpublic Worhr, butinrhicr
Executive Interviews - Conduct brief executive interviews with Ciry Council
Members, Ciry Manager, City Attorney and City Clerk to understand goals,
expectations and vision. (12 inrrrvicws)
Site Survey- Conduct site survey to understand business operations and exisring site
conditions. Report as necessary.
AcBuilts - Field veri@ proposed Farmers site to confirm virible architectural
candirions. Update CAD documents.
Final Space Projections - Prepare and present final Space Projections far review and
approval by CLIENT management. Revise projections as required.
Adjacency Study - Outline optimum adjacencies for all departments using
relarionship chart data gathered in intewiews. Develop Relationship Bubble
Diagram for review and approval by CLIENT management.
CORRESPONDENCE-Ns
Interior I Resource
0.15 Occupancy Summary Report - Prepare wrirren Occupancy Summary Repon to
indude Executive Brief, Space Projections, Adjacency Diagrams, Interview Notes and
Data Analysis.
0.16 Occupancy1 Stacking Plan - Develop and present alternatives for depanmenral
occupancy/ stacking plans. (3 optiom)
0.17 Block Phs - Develop block plans depicting specific location for each department
within buildings. Develop block plans for existing building($ and proposed new
buildin&) on site. Prepare alternative site massing options. (3 options)
0.18 Review and Appmval - Review with CLIENT for approval and determination of
direction for nexf phase.
Swarrg* Plrrnning drlivrrabler inrludc Bert Practim Adit, Questionnaire,, Final Spacc
Standan& Sin Suwcy Report, h-BuiIts, Space Pmjtctions Report, Adjocrnry Sruay, Occupanry
Summary Report, Occupancy/StackingPka’Lzn andBIork Plan.
ASSUMPTIONS
1. CLIENT to provide employee database to include employee number, name, group, division,
supervisor, W, building, cube or office number.
2. CLIENT to provide current as-built AutoCAD documents (if available) of all buildings affected.
Corrupt AutoCAD documents that require reformatting are not induded in fee.
3. CLIENT to provide required information and communicate expeditiously
4. Interviews are at upper management level. Detailed inremiviews with additional CLIENT staffwill be
done in future Phase 1 - Programmingl Needs Assessment.
5. CLIENT project team (4) to approve documents prior to 1: proceeding to next activity.
6. Project Schedule is estimated at approximately 15 weeks
7. One weekly meeting (1 hour) is estimated for the duration of schedule.
8. Furniture Inventory is not induded in this Phase. If it is determined a requirement, a separate
proposal will he required.
9. Re-documenting As-Builts may require additional fees upon findings
FEE Services outlined herein for the above scope of services are provided as estimated below:
Phase DescriDtion
0.0 Strategic Occupancy Planning Services
Estimated Fee
$68,320
Contingency (10%) m
Total $75,150
Note: Contingency will not be utilized without prior written authorization
I GORRESPONDENCE-N' I
Interior I Resource
RATES/
ADDITIONAI
SERVICES
EXPENSES
PROVISIONS
AU Services are provided at the standard hourly rates outlined below. Additional Services requested of
ir' - Interior Resource, Inc. will be provided on a time and materials basis.
Principal
Project Manager
Relocation Project Manager
Projen Designer
CADD Designer
Relocation Coordinator
Relocation Field Support
Design Intern
Administration Support
$120 hr
$ 95 - 105 hr
$ 95 hr
$ 85 hr
$ 85hr
$ 75 - 85 hr
$ 65 hr
$ 50hr
$ 65 hr
Reimbursable expenses will be estimated at approximately 10% of the project fee. Reimbursable
expenses for plotting, printing, copying, shipping, courier, telephone calls and faxing are billed at cost
plus 15% mark-up.
Reimbursable travel expenses within San Diego County are limited to mileage expenses charged at
$ .39 per mile.
Reimbursable travel expenses outside of San Diego County include mileage at $ .39 per mile and
$50.00 per hour for door to door travel time. Other transportation, hotel and food are billed at cost
plus 15% mark-up.
CLIENT shall provide full information regarding its requirements for the project and shall provide
documentation, as required, far the full performance of Ir'-Interior Resource, Inc.
CLIENT shall examine documents delivered by 1:-Interior Resource, Inc. and shall render decisions
requested by 1:-Interior Resource, Inc. pertaining to documents to assure schedule adherence. CLIENT
shall notify I:-Interior Resource, Inc. immediately if it observes or becomes aware of any fault or omission
in the documents or services provided by Ir'-Interior Resource, Inc.
CLIENT shall Furnish such legal, accounting and insurance services as may be necessary for the project
administration.
CLIENT shall be invoiced at the end of each month and payment is due and payable upon receipt. 1:-
Interior Resource, Inc. invoices will indicate the amounts charged far fees and reimbursable expenses in
the preceding month.
Accounts more than thirry days past due will incur a finance charge of 1.5% per month (18% APR). Any
cost incurred (is., collm'on rrtviccr, hgalfia, ctc.) in the collection of an account shall be the responsibility
of CLIENT.
If there are any questions regarding an Ir'-lnterior Resource, Inc. invoice, please contact our oftice
immediately. We shall assume no notification after 30 days indicates CLIENTS acceptance and approval
of invoice.
I CORRESPONDENCE-N* I
Interior I Resource
Ir'-Interior Resource, Inc. is reimbursed at the rate of 1.5 times our standard hourly rata for weekend and
weekdays after 12:OO a.m. (midnight) site work.
All drawings, documents, and specifications produced for this project are instruments of service for this
project and shall remain the property of 1r"lnterior Resource, Inc. unless otherwise specified.
Reproducible copies of all materials are available upon request.
I;-Interior Resource, Inc. reserves the right to advertise and promote that it has been retained for the
project. This generally indudes a brief press release and may indude a case study used in privately
distributed marketing materials. Bath parties shall hold all final plans, drawings, budgets, programming
and other materials confrdential.
Ira - Interior Resource, Inc. requests the right to photcgraph the completed project for submission to any
or all publications (trade journals, awards, advertisements, etc.), if applicable. Formal requests shall be
made by I; - Interior Resource, Inc.
Re-negotiation: If re-planning of the project is required as a result of unanticipated budgetary changes,
increased costs, strikes, acts of God or for other reasom beyond the control of 1r'"lnterior Resource, Inc.
andor CLIENT, 1:-Interior Resource, Inc. reserves the right to re-negotiate this contracr.
Severability: The panics agree to communicate mutual understanding and responsibilities. Any element of
this agreement later held to violate a law or regulation shall be deemed void and all remaining provisions
shall continue in force.
Fee Adjustment: Should the scope of this project or the anticipated conditions be modifred by CLIENT
significantly during the progress of this project, Ir'-Interior Resource, Inc. reserves the right to request a
fee adjustment. I;-Interior 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, I2-Interior Resource, Inc. will use that degree of
care and skill ordinarily exercised in the profession of interior design. No other warranty, expressed or
implied, is made or intended hy this Agreement. Bath parties shall hold I;-Inrerior 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, claim or proceeding except those caused by the gross negligence of either party's professional
services.
Termination: This agreement may he terminated by either party upon fourteen (14) days written
through the termination date. Upon termination and payment for services rendered, documents may
notice. In the event of such cancellation, all accrued fees and expenses are due for the work performed
be made available for client's use. Client will hold Ir' harmless for use of documents if re-used.
Arbitration: All claims, disputes and other matters in question between the parties 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'-Interiar Resource, Inc. and CLIENT and the preding
party will be entided to the award of attorney fees.
1 CORRESPONDENCE-N' I
Interior I Resource
Liabilities: It is specifically understood and agreed that in no case shall I;-Interior Resource, Inc. be
required to pay an amount disproportional to 12-lnterior Resource, Inc. culpability, or any share amount
levied to recognize more than actual economic damages to prevailing parry. Ir'-Interior Resource, Inc.'s
total liability to CLIENT for any and all injuries, daims, losses, expenses, damages or dims expenses
arising out of this agreement from any cause or causes, shall nor exceed the total fee for Ir'-lnterior
Resource, Inc. services. (To include, but not be limitrd to, gross nrgligccnce, CVOR omirsionr, micr liabiliry or
breach of contract.)
AGREEMENT This proposal shall SeNe as the Agreement when signed by an ofticer of both firms. 1; - 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 agrees to pay ar stated.
ACCEPTANCE THIS AGREEMENT IS HEREBY ACCEPTED AS SET FORTH ABOVE:
This Agreement contains confidential and proprietary trade secrets and is nor any form without prior
consent by Ir' - Interior Resource, Inc. The contents of this agreement are to anyone outside of the
PersonlClient for whom it was prepared.
6
I CORRESPONDENCE-Ne I
Interior I Resource
- im : 619.231.8797 ........................................
1500 STATE STREET SUITE 230 SAN DIEGO CALIFORNIA 92101 ~ ir2 @sandiego.com ~ 619,231,3070
ACORD- CER
ROOUCER THIS CERTIFICATE IS ISSUFn AS A L
I. s , Levine Insurance ONLY AND CONFERS NC
~.._____ . ,SUREO
~- _" .. .
IR2 Interior Resource Inc. 6 Interlor Resource Inc. 1500 state Stxeet suite 230 San Diego CA 92101
I :NSUREH E
,NSl,RFR i
IIV'IIHCH 0
~" ..~ " ". ~
~-
:OVERAGES
ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER WCUY THEPOLlC~ESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE11 POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLN
OTHER
4 Professional AEPL1005142
Liability
ESCRIPTION OF ~PE~TION~ILOCAlIONIMHICLESlEKCLUSlONSADOEO8YEN~ORSEY
E L UIYEASE ~ EA EMPLOYEE $
E L DISEASE ~ POLICY LIMIT I
02/15/02 02/15/05 Claim/Agg $1,000,000
Ded $1,000
SPECIAL PROVISIONS "
3ERTIFICATE HOLDER IN 1 ADDITIONAL INSURED: INSURERLElTER: ~. CANCELLATION
CITY- SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOh
city of Carlsbad
Recreation Department 1200 Carlsbad Village Drive Carlsbad CA 92008-1989
OACORDCORPORATION I988 &COR0 254 (7197)
F-0 ;a Seybert To, Julia Coleman Date: 4/24/02 Tlmr:, 1.49 36 PM Page 1 Of 2
Date : 4/24/02
Time : 1 :49:34 PM
INSURANCE SERVICES, INC. Pages including cover page: 2
To: Julia Coleman From : Melissa Seybert
Company : City Atty Office E-Mail: Melissa@gslevineins.com
Fax Number : 17604348367
/Subject: Certificate of Insurance
Company : G.S. Levine Insurance
Fax Number : (858) 481 -7953
3377 Camel Mountain Road, San Diego, CA 92121 TEL (858) 523-7519 (800) 451-0517 Fax (858) 481-7953
1
F Pi sa Seyber- To: Jule Coleman Date 1/24/02 Tlmo 1:49'36 FN Page 2 of 2 - -
AL ~RO, CERTIFICATE OF LIABILITY INSURANC~~~~J I DATE IMMIDDW)
04/24/02
RODUCER
I. s . Levine Insurance
,erviccs, Inc.
,371 Camel Mountain Road ,an Diego CA 92121
?hone: 858-481-8692
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
ONLY AN0 CONFERS NO RIGHTS UPON THE CERTIFICATE
ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSURERS AFFORDING COVERAGE
,SURD 1 'NsuKtKa CNA Insurance cempany fw~;lc> A $1
IW Interior Resource Inc.
1500 State Street Suite 230 h Interior Resource Inc.
San Diego CA 92101
~ ,NSURERB State Comp Insurance Fund
INSURER C
, ,lYbUHtH u , ,. . - ._ - - -
CMIMS M4DE OCCUF
H
I I , ,">"I(CI(C
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOWITHSTANDING
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ANYREQUIREMENT.TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENT~~~RESPECTTOWHICHTHISCERTIFICATEMA~BEISSUEOOR
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . I POLICY NUMBER POLICY EFFECTIVE PI .
.
.
- GzNLAGGRtGAlE LIMIT*PPLIES PER
AUTOMOBILE LlAQlLlTY
ALL OYVNEOAUTOS
SCWDULE3AUTOS
X HIREDAIJTOS
X NON-OWNED AUTOS
+
t UlRAGE LInBILITI
ANY AUTO
RETENTION
EUPLOYERS' LlABlLlN
I OTHER
2057593195 04/15/02
2057593195 04/15/02
+
1630759 03/01/02
I CLESlEXCLUSIONSADDEDBY ENDORSEMENT!SF€CIAL PROVlSll EHl
xe: All Operations of the Named Insured
Proof of Insurance
3LIN EXPRATION ,ATE (MMJWWI LlMiTS
EACHOCCURRENCE
04/15/03 FIREDAMAGEIA~~Y~~~I~~~I I$ 100,000
~$1,000,000
I 1
k10 day notice of cancellation applies for non-payment of prwim
:ERTIFICATE HOLDER 1 N I ABDITIONAL INSURED; INEURERL€l7ER: ~ ~ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Carlsbad Purchasing Department 1200 Carlsbad village Drive Carlsbad CA 92008-1989
DATE THEREOF, THE lrrUlNG INSURER WILL ENDEIYOR TD MAIL 3at O*"S WRllTEN
NOTICE TOTHE CERTiFlCATE HOLDER NAMEDTOTHE LEFT, BUT FAILURETO DO SO SHALL
IMPOSE NO OBLIGATION OR LIAIBILIT1 OF ANY KlND UPON THE INSURER. ITS &=ENTI OR
REPRESENTATIVES.
I \CORD 253 (7197) OACORD CORPORATION 1988
ACORD- CERTIFICATE OF LIABILITY INSURANCE,;:I.,M~ OATE IMMIDOPPO
:OOUCER THIS CERTIFICATE IS ISSUE0 AS A MATTER OF INFORMATION
03/18/02
, s. Levine Insurance
ervices, Inc.
311 Camel Mountain Road
an Diego CA 92121
hone: 858-481-8692
EURED wUHtwA Northern Ins. co,
ONLY AN0 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE - "
OfNeW York--~-_ __
IR2 Interior Resource IIIC. h Interior Resource Inc. 1500 State Street sulte 230 San Diego CA 9.2101
NSURER A
NSIIRER i
Pi>,liHkh Li
NS, lRER E I
~. .~
iSCRlPTlON OF OPERATIONSILOCAllONSn
:e: ~ll operations of
PAS31811102 04/15/01
he named insured. City of Carl, CLESIEYCLUPIONEAOOEDBY ENOORSEMEMISPECIAL PROW18 1
ad is named as
Idditionai insured as respects general liability per the attached cQ2010
10 Days notice of cancellation for non-payment of premium.
ERTlFlCATE HOLOER I Y 1 A001TIONALINSUREO: INEURERLElTER: A ~ CANCELLATION
CITY- EHOYLO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EIEFORE THE EXPIRATION
City of Carlsbad
Recreation Department 1200 Carlsbad Village Drive Carlsbad CA 92008-1989
COR0 25-5 (7197) OACORO CORPORATION 1988
This endorsement Changes The Policy. Please read it Carefully.
Additional Insured - Owners, Lessees or Contractors (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization:
of no entry appears above, Information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement )
WHO IS AN INSURED (Section 11) IS amended tu mcludc ZY an insured the person or organlzatlon shown
~n the schedule hut only with respect tu liahllity arlsing out of 'your work'. for that Insured by or for you
CG 20 IO 11 85 Copyright, Insurance Servlces Office, Lnc., 1984