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HomeMy WebLinkAbout2011-08-23; City Council; Resolution 2011-1991 RESOLUTION NO. 2011-199 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH WLC 4 ARCHITECTS, INC. FOR THE DESIGN OF FIRE STATION NO. 3. CITY PROJECT NO. 4003. 5 6 WHEREAS, the City Council of the City of Carlsbad, California, hereafter the "City," has 7 previously appropriated funds for the design, entitlement, and construction of the relocated Fire 8 Station No. 3, City Project No. 4003, hereafter the "Project;" and, 9 WHEREAS, the City prepared and distributed a Request for Proposal (RFP) for 10 architectural design services for the Project; and, 11 WHEREAS, the City received five (5) formal proposals for this work which were 12 subsequently evaluated by the City; and, 13 WHEREAS, the evaluation of said proposals by the City has resulted in a most qualified ^ recommendation of WLC Architects, Incorporated, for the Project; and, 15 WHEREAS, a consultant agreement between the City and WLC Architects, Incorporated 1 fi has been prepared and is recommended for approval for a not to exceed amount of $443,500; 17 and, 1 ft WHEREAS, sufficient funds have been appropriated to pay for the said consultant 19 . .agreement; and, 20 WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to approve said consultant agreement. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 24 1. That the above recitations are true and correct. 25 2. That the attached consultant agreement between the City and WLC Architects, 26 Inc., is hereby approved and the Mayor is authorized to execute said agreement 27 on behalf of the City of Carlsbad.28 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of August 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT ^ALLT Mayor ATTEST: 'LORRAINE M. WOOD, City Clerk (SEAL) PEM833 AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR FIRE STATION 3, PROJECT NO. 4003 (WLC ARCHITECTS, INC.) THJS AGREEMENT is made and entered into as of the day of _ , 2011, by and between the CITY OF CARLSBAD, a municipal corporation, (°City"), and WLC ARCHITECTS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a professional architectural design consultant that is experienced in fire station design. B. Contractor has the necessary experience in providing professional services and advice related to fire station design. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its 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 term of three (3) years from the date first above written or parts thereof in an amount not to exceed four hundred forty three thousand five hundred dollars ($443,500) per Agreement term. 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. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Four Hundred, Forty-Three Thousand, and Five Hundred dollars ($443,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 5/12/11 No work shall be performed against the design contingency allowance, identified in the Basic Architectural Fee described within attached Exhibit "A", unless and until a written scope of work has been approved by the City Property and Environmental Management (PEM) Director, or his designee, and written authorization to proceed on such contingency work has been issued in writing by the City PEM Director, or his designee. 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 Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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 this Agreement. City Attorney Approved Version 5/12/11 10. 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-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 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 Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. 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. [ | If box is checked, Professional Liability City's initials Contractor's initials Insurance requirement is waived. 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 Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional 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. City Attorney Approved Version 5/12/11 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 Coverage. 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. 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 Name David Mauser Name Kelley Needham Property & Environmental Title Management Director Title Architect, AIA Department PEM Address 8163 Rochester Ave, Ste 100 Rancho Cucamonga, Ca 91730- City of Carlsbad 0729 Address 1635 Faraday Ave Phone No. (909) 987-0909 Carlsbad, Ca 92009 Phone No. (760) 602-2739 City Attorney Approved Version 5/12/11 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 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 whose services are 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. 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 City Attorney Approved Version 5/12/11 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 sea.. 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 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. City Attorney Approved Version 5/12/1 1 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 WLC ARCHITECTS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California (sign here)• i _'_ L -f (print name/title) / ATTEST: If required by City, proper notarial acknowledgment of execution by'"d6Wtractor 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: Assistant City Attorney City Attorney Approved Version Exhibit "A" Scope of Work A. Project Background Fire Station No. 3 is intended to be a Multi-Apparatus Bay facility designed to house a crew of up to six (6) Fire Department personnel. Living quarters and related support areas shall include provisions for both male and female Fire Department crew members. Total square footage of the facility shall be determined by a facility needs assessment. The new Fire Station No. 3 will replace an existing, undersized and aged City fire station at another location which will be converted to a private residence. Approximately 2 acres have been set aside for this facility; final acreage, site configuration, and facility orientation shall be established through the design process. The Fire Station No. 3 facility is adjacent to a 13 acre future City park site. Coordination of both the Fire Station No. 3 facility and the future City park will be considered throughout the design process. City Parks and Recreation staff will participate in the initial site design phase of the project to assist with overall coordination. The Fire Station No. 3 site was addressed in the Environmental Impact Report for the "Robertson Ranch Master Plan" certified by the City of Carlsbad in 2006. The Fire Station No. 3 site was mass graded along with portions of the private subdivision several years ago. No environmental impacts are anticipated and a "Negative Declaration" or "Mitigated Negative Declaration" will be prepared for the Fire Station No. 3 project. The Fire Station No. 3 project will, however, require formal submission to the City for various local agency development and building permits. 6. Basic Scope of Services The following is a list of the basic activities and services anticipated during the course of the project. The scope has been divided into the five phases typically associated with architectural services: J. Schematic Design Phase The first and perhaps most important task during the Schematic Design Phase will be to establish and determine the best approach to the design of the primary systems in the project. A Needs Assessment shall be conducted and an architectural program shall be developed. Alternative configurations shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in order to provide a sound basis for subsequent planning and design decisions to occur. The design concept shall be utilized to evaluate advantages and disadvantages of each potential alternative. Site and programmatic factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic design concept shall be established. Carlsbad Fire Station No. 3 Page 1 1113400.02 During the Schematic Design Phase for your project, the following tasks and deliverables been identified: a. Needs Assessment A Needs Assessment will be conducted in order to determine the overall requirements of the facility. All existing documents relating to the site, equipment, and general operations of the Carlsbad Fire Department will be reviewed. Tours of recently completed fire stations in other departments will be conducted. A needs assessment workshop will be held with designated members of City staff and the Fire Department. A written summary of the workshop will be prepared and include a recommendation for the building program, size of the facility and site, opportunities for energy efficiency, and other related facility needs. b. Master Site Plan A master site plan shall be prepared in order to describe all major site components and to illustrate the overall site planning concept for the project. All structures, parking areas, and circulation components shall be identified. Areas of future expansion and/or future phasing shall also be defined. c. Preliminary Landscape Plan A preliminary landscape plan shall be prepared in order to illustrate proposed planting, landscaping techniques, and design concepts. Drought resistant, low maintenance, and xeriscape techniques shall be defined. A preliminary plant palette, identifying major tree and shrub species, shall be included. d. Preliminary Floor Plans A preliminary floor plan of each level for every structure proposed shall be prepared. e. Exterior Elevations Exterior elevations shall be prepared to illustrate all major views of the project. Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project. f. Schematic Design Opinion of Cost A preliminary opinion of construction costs shall be prepared and included with the summary report. g. Agency Review All design information will be submitted to the City for review and approval. The design documents will be revised and amended in order to reflect any revisions required. Carlsbad Fire Station No. 3 Page 2 1113400.02 h. Existing Facility Assessment Prepare an assessment of the existing fire station and make recommendations for conversion into a private residence. The assessment will include an estimated range of the potential conversion costs. 2. Design Development Phase After completion of the Schematic Design Phase, the design of the project shall be advanced into more detailed refinement by initiating the Design Development phase. Our Design Team shall prepare design development documents consisting of drawings, outline specifications, design calculations, material/equipment subrnittals, fixture cuts, and a design development opinion of estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated. During the Design Development Phase, requirements for cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every work station, office, and support space. Final selection of materials, textures, and colors shall occur. The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized. During the Design Development Phase, the following tasks and deliverables have been identified. a. Design Development Plans Design development drawings shall be prepared in order to fix and describe the size and character of the entire project including architectural, civil, structural, mechanical, and electrical design features. b. Outline Specifications Outline specifications shall be prepared in order to identify and define the materials and system components selected for the project. Outline specifications shall be prepared in summary outline form, based upon the 16 division, CSI format. c. Basts of Design A technical manual shall be assembled to organize product literature and data for all materials, equipment, and fixtures selected for the project. Carlsbad Fire Station No. 3 Paqe 3 1113400.02 d. Building Code Analysis Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required. e. Design Development Opinion of Cost An opinion of construction cost shall be prepared to reflect the scope and anticipated construction costs as reflected by the design development documents. f. Project Schedule A revised and updated project schedule shall be submitted to include anticipated time frames required for the preparation of final construction documents, plan check/approval, bidding, and construction. 3. Construction Document Phase The final Construction Document Phase of the project generally consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete and comprehensive architectural and engineering services required to execute the entire project. Specifically, we have included the following disciplines: 1} Architectural 2) Civil Engineering 3) Structural Engineering 4) Mechanical Engineering 5) Electrical Engineering 6) Landscape Architecture During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. During the Construction Document Phase final cost studies shall be prepared, detailed opinion of construction cost shall be prepared at the point where final plans and specifications are approximately 50% complete. Once construction documents have almost been completed, a revised opinion of cost shall be prepared at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to budgetary limits. Carlsbad Fire Station No. 3 Pcsge 4 } 113400.02 The following tasks are specifically proposed for the project: a. Construction Drawings Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project. b. Project Manual A project manual shall be prepared to include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction trade sections for the project. The project manual provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. c. Final Design Calculations Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase. d. Opinion of Cost A detailed opinion of construction costs shall be prepared at the point where plans and specifications are approximately 50% complete, A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and shall include allowance for general conditions, Contractor's profit and overhead, and contingencies. e. Final Plan Check All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding. Carlsbad Fire Station No. 3 Page 5 111 3400.02 /? 4. Bidding Phase During the Bidding Phase, the Architect shall provide administrative support services to assist the City in obtaining competitive bids for the proposed project. Notices Inviting Bids shall be distributed to local construction plan rooms. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of the contract for construction. The following services for the Bidding Phase of the project are proposed: a. Bidding Procedures and Administration The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. b. Evaluation of Bid Proposals Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness of each bid proposal shall be evaluated whenever consideration exists to award to the proposing contracting entity. The completeness of the bid proposal, proposed subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect. c. Notice to Award Construction Contract Upon the completed review of appropriate bid proposals, The Architect shall provide a recommendation for consideration regarding the potential award of the contract for construction. 5. Construction Administration Phase The Architect shall conduct job site meetings at two week intervals in order to generally review and evaluate the construction schedule, monitor weekly performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities. Carlsbad Fire Station No. 3 Page 6 1113400.02 Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared. During the Construction Phase of the project, the following services shall be furnished: a. Preconstruction Conference A preconstruction conference shall be organized and conducted by the Architect to brief all parties concerned with general and special requirements of the contract for construction, Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors. b. Job Sife Meetings Job site meetings at weekly intervals shall be scheduled and conducted by the Architect for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items. The following number of meetings are anticipated to be required: Civil 2 Mechanical 3 Architectural 28 Electrical 3 Structural 3 Landscaping 3 c. Submittal and Shop Drawing Review The Architect shall review all required shop drawings and related submittals as required by the contract documents. d. Project Closeout At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, non-conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. e. Record Documents A set of final record documents will be created from the Contractor's as-built drawings. Carlsbad fire Station No. 3 Page 7 U 13400.02 C. Off-Site/Miscellaneous Scope Items The following scope items are not typically found in the basic scope of architectural services. Based on our research and interpretation of the information provided, we believe the following services will also be required: 1. Prepare a geotechnical investigation. The geotechnical investigation will be used to determine soil conditions, soil characteristics, water table relationships, and overall soils suitability for the proposed project. 2. Prepare a detailed topography survey and map for the 2.0 acre vacant site, the area for the new cul-de-sac street on the north side of the fire station site from Wind Trail Way to a point 100' into the future park site, and the adjacent street improvements for the new fire station building. Research and plot record offsite utilities. We have assumed we will find record survey control points in the adjoining streets. 3. Prepare a hydrology study and hydraulic calculations report to support the Stormwater Management Plan for the new fire station site only. 4. Prepare a stormwater Management Plan report for the new fire station site only. 5. Prepare a hydrology study and hydraulic calculations report for the expected onsite stormwater runoff detention improvements and allowed offsite discharge from the new fire station site only. Our fee includes the hydromodification plan for this area. 6. Prepare a street improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 7. Prepare a storm drain improvement plan for the new 400' long cul-de-sac street west from Wind Trail way serving the future park site along the north side of the fire station site. 8. Prepare a combined sanitary sewer, public potable water line, and public reclaimed water line improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 9. Prepare a street lighting improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 10. Prepare a signing and striping improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 11. Prepare a SWPPP and NOI with electronic filing to the Regional Board for the proposed fire station site and for the cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site, 12. Provide utility coordination for the new dry utility construction (electric, telephone, natural gas, cable television) with the utility companies for the new 400' long cul-de-sac street west from Wind Trail Way serving the new future park site along the north side of the fire station site, and for the fire station site itself. Carlsbad Fire Station No. 3 Page 8 1113400.02 13. Prepare a hydrology study report with hydraulic calculations for the new storm drain improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. We have assumed that an overall hydrology report for this property and surrounding tributary area is available for reference. Our fee includes the hydromodification plan for this area. 14. Prepare a Stormwater Management Plan report with supporting hydrology study to treat the stormwater runoff from the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 15. Prepare a lot line adjustment plat(s) and legal description(s) to adjust the three existing separate City owned properties into either two or three new reconfigured land parcels with one for the new fire station property and one (or two) for the future park site. 16. Prepare a street dedication legal description and sketch for the new 400' long cul-de-sac street west from Wind Trail Way. 17. Prepare a general plan amendment to change the land use description of the 2 acre City owned site on PA 13 from Elementary (E) to Open Space (OS). 18. Prepare a Robertson Ranch master plan amendment (revision 3) originally approved in 2006 to modify portions of the text and graphics related to PA 12 and PA 13 within Section III to reflect the addition of the two acre City owned property and to revise the underlying zone and general plan land use designations. 19. Prepare a conditional use permit application and assist with preparing the overall site plan for the proposed fire station property, and the conceptual layout of the future park site with 3 new soccer fields and a shared parking lot and access with the proposed fire station. 20. Prepare a detailed partial topography survey and map of the 13 acre future park site locating the limits of the "flat" portion of the property with elevations to be used as a base sheet to show that the anticipated future park improvements can be constructed. 21. Prepare an environmental assessment form for either a negative declaration or a mitigated negative declaration. The environmental impacts associated with this project are expected to be less than significant, or potentially significant where mitigation is incorporated. 22. Prepare a detailed topography survey and map of the existing Fire Station 3 facility located at 3701 Catalina Drive and the adjoining street improvements. Research and plot record offsite utilities serving the station. We have assumed we will find record survey control points in the adjoining streets. 23. Prepare a traffic signal plan along the new cul de sac street to facilitate response exiting from the fire station. 24. Prepare a separate street improvement plan and a separate signing and striping plan for a new response drive and raised median opening on Wind Trail Way. Carlsbad Fire Station No. 3 Page 9 1113400.02 Fee Proposal A. Basic Architectural Fee Our basic architectural fee will be a fixed lump sum and includes the following disciplines: • Civil Engineering • Architectural Design • Structural Engineering • Mechanical Engineering • Electrical Engineering • Landscape Architecture The basic fee includes all on-site improvements, circulation areas, parking areas, and landscaping, The basic architectural fee will be adjusted to correspond to any increases in project scope. For the purposes of establishing the basic fee, we have assumed a preliminary on-site construction budget of $3,600,000.00. A breakdown of our proposed fee is as follows: Phase of Service Fee Schematic Design (15%) $41,250,00 Design Development (10%) 27,500,00 Construction Documents (50%) 137,500,00 Bidding (5%) 13,750,00 Construction Support (20%) 55,000.00 SUBTOTAL BASIC ARCHITECTURAL FEE $275,000.00 Existing Facility Assessment 5,000.00 Reimbursable Allowance 5,000.00 Contingency (10%] 28,500.00 TOTAL BASIC ARCHITECTURAL FEE $313,500.00 B. Off-Site/Miscellaneous Fees The following items are not typically found in the basic scope of architectural services. Based on our research and interpretation of the information provided, we believe the following services will also be required: Task . Fee 1. Geotechnical Investigation - Note that this fee may be reduced $ 10,000.00 depending upon the specifics of the information already obtained. 2. Detailed topography survey and map for the 2.0 acre vacant site, the 9,000.00 area for the new cul-de-sac street on the north side of the fire station site from Wind Trail Way to a point 100' into the future park site, and the adjacent street improvements for the new fire station building. Research and plot record offsite utilities. Our fee assumes that there are record survey control points in the adjoining streets. Carlsbad Fire Station No. 3 Paae 10 1113400.02 3. Hydrology study and hydraulic calculations report to support the Stormwater Management Plan for the new fire station site only. 2,000.00 4. Stormwater Management Plan report for the new fire station site only. 5. Hydrology study and hydraulic calculations report for the expected onsite Stormwater runoff detention improvements and allowed offsite discharge from the new fire station site only. Our fee includes the hydromodification plan for this area. 4,000.00 8,000.00 6. Street improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 10,000.00 7. Storm drain improvement plan for the new 400' long cul-de-sac street west from Wind Trail way serving the future park site along the north side of the fire station site. 5,000.00 8. A combined sanitary sewer, public potable water line, and public reclaimed water line improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 7,000.00 9. Street lighting improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 4,000.00 10. Signing and striping improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 3,000.00 11. Prepare a SWPPP and NOI with electronic filing to the Regional Board for the proposed fire station site and for the cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 3,000.00 12. Hydrology study report with hydraulic calculations for the new storm drain improvement plan for the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. Our fee assumes that an overall hydrology report for this property and surrounding tributary area is available for reference. Our fee includes the hydromodification plan for this area. 8,000.00 13. Stormwater Management Plan report with supporting hydrology study to treat the Stormwater runoff from the new 400' long cul-de-sac street west from Wind Trail Way serving the future park site along the north side of the fire station site. 3,000.00 Carlsbad Fire Station No. 3 1113400.02 Page 11 14. Prepare a lot line adjustment plat(s) and legal description(s) to adjust the three existing separate City owned properties into either two or three new reconfigured land parcels with one for the new fire station property and one (or two) for the future park site. 3,000.00 15. Prepare a street dedication legal description and sketch for the new 400' long cul-de-sac street west from Wind Trail Way. 2,000.00 16. Prepare a general plan amendment to change the land use description of the 2 acre City owned site on PA 13 from Elementary (E) to Open Space (OS). 2,000.00 17. Prepare a Robertson Ranch master plan amendment (revision 3) originally approved in 2006 to modify portions of the text and graphics related to PA 12 and PA 13 within Section III to reflect the addition of the two acre City owned property and to revise the underlying zone and general plan land use designations. 3,000.00 18. Prepare a conditional use permit application and assist with preparing the overall site plan for the proposed fire station property, and the conceptual layout of the future park site with 3 new soccer fields and a shared parking lot and access with the proposed fire station. 3,000.00 19. Prepare a detailed partial topography survey and map of the 13 acre future park site locating the limits of the "flat" portion of the property with elevations to be used as a base sheet to show that the anticipated future park improvements can be constructed. 5,000.00 20. Prepare an environmental assessment form for either a negative declaration or a mitigated negative declaration. The environmental impacts associated with this project are expected to be less than significant, or potentially significant where mitigation is incorporated. 3,000.00 21. Prepare a traffic signal plan along the new cul de sac street.20,000.00 22. Detailed topography survey and map of the existing Fire Station 3 facility 6,000.00 located at 3701 Catalina Drive and the adjoining street improvements. Research and plot record offsite utilities serving the station. Our fee assumes that there are record survey control points in the adjoining streets. 23. Prepare a separate street improvement plan and a separate signing and 7,000.00 striping plan for a new response drive and raised median opening on Wind Trail Way. Subtotal Off-Site/Miscellaneous Fees Total Basic Architectural Fee $130,000.00 313.500.00 TOTAL ARCHITECTURAL FEE $443,500.00 Cartsbad Fire Station No. 3 1113400.02 Page 12 C. Items Excluded The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known. 1. Hazardous Material Assessment 2. Traffic Studies 3. Acoustical Studies 4. Construction Surveying/Staking 5. Plan Check/Permit Fees 6. Physically Constructed Building Models 7. Boundary Survey Setting Any New or Existing Property Corner Survey Monuments 8. Title Reports and Reference Deeds 9. Parcel Map/Lot Line Adjustment/Lot Merger 10. LEED Certification/Commissioning 11. Conformed Documenls. 12. Cone Penetration Testing. 13. Arborist/Biologist Reports 14. Utility Purveyor Fees 15. Record of Survey Map or Corner Record 16. Phase One or Two Environmental Reports 17. Foundation System: Our fee assumes typical spread footings in average soil conditions. Any other type of foundation system required as a result of poor soil conditions would not be considered within our scope of work. 18. Separate street improvement plans for new right-of-way improvements on Cannon Road. D. Reimbursables Items required or requested by the City or Fire Department will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Paper copy. 2. Photography. 3. Blueprinting/Mylars. 4. Computer plotting. 5. Express or overnight mail/courier service. Carlsbad Fire Station No. 3 Page 13 1113400.02 E. Hourly Rote Schedule For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and photography will be negotiated at the time additional services are requested. ARCHITECT Principals of Firm $210.00 Associate Principal/Director $185.00 Associate/Coordinator $185.00 Senior Project Architect $170.00 Senior Project Manager $ 170.00 Project Architect $145.00 Project Manager $145.00 Technical Level I $ 95.00 Technical Level II $ 85.00 Technical Support $ 75.00 CIVIL ENGINEER Principal Civil Engineer $110.00 Principal Land Surveyor $ 85.00 Project Engineer $ 85.00 Project Manager $ 55.00 Engineering Design $ 55.00 Design Draftsman $ 50.00 Draftsman $ 45.00 Technical Support $ 20.00 STRUCTURAL ENGINEER Principal Engineer $130.00 Project Engineer $100.00 Chief Draftsman $ 85.00 Draftsman $ 65.00 Technical Support $45.00 MECHANICAL ENGINEER Principal $1)0.00 Project Manager $105.00 Project Engineer $100.00 Design Engineer $ 82.00 Designer/CADD Technician $ 68.00 Jr. Designer/CADD Technician $ 42.00 CADD Technical/Drafter $ 36.00 Technical Support $ 35.00 ELECTRICAL ENGINEER Principal $225.00 Associate Principal $205.00 Senior Project Manager $ 195.00 Project Manager $185.00 Senior Project Engineer $170.00 Project Engineer $150.00 Senior Design Engineer $ 135.00 Design Engineer $125.00 Senior Designer $115.00 Designer $105,00 CAD Designer $100,00 CAD Technician $ 80.00 Administrative $ 75.00 Word Processor $ 65,00 LANDSCAPE ARCHITECT Principal Architect $165.00 Associate Architect $140.00 Architect/Project Manager $125.00 Job Captain/Designer $ 110.00 CADD Technician $ 95.00 Draftsperson $ 80.00 Word Processor $ 65.00 Carlsbad Fire Station No. 3 HI 3400.02 Page 14