HomeMy WebLinkAbout2003 CON Carrier Johnson Architects - Consulting New Library03 -3
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 21, 2003
/
/ ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING
A CAPITAL IMPROVEMENT PROJECT EXPENDITURE ACCOUNT FOR THE NEW MUNICIPAL LIBRARY
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARRIER-JOHNSON
ARCHITECTS TO PERFORM PHASE THREE CONSULTING SERVICES FOR THE NEW MUNICIPAL LIBRARY
PREPARED BY
EXPLANATION
Stephen Kirkpatrick
336-4580
DEPARTMENT
See attached explanation
8
AGENDA ITEM NO.
Public Works/Engineering
Financial Statement
Sew-ttached explanation
Approved By:'
Finance Direct
Account No.
STAFF RECOMMENDAT
Adopt the Resolution cr- • e di ure ccount, and approve and authorize the Mayor to
execute the design agreement with Carrier Johnson.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Capital Improvement Project Sheet
3. Contract
Resolution No. 2003-15
A-200 (9.'99)
RESOLUTION NO. 2003 —15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ESTABLISHING A CAPITAL IMPROVEMENT
PROJECT EXPENDITURE ACCOUNT FOR
THE NEW MUNICIPAL LIBRARY PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH CARRIER-JOHNSON ARCHITECTS TO
PERFORM PHASE THREE CONSULTING SERVICES
FOR THE NEW MUNICIPAL LIBRARY
WHEREAS, the City has received a grant for $11,112,814 from the State
of California Library Bond Act administered by the Office of the State Librarian for the
design and construction of a new municipal library; and
WHEREAS, on March 5, 2001, the voters of National City approved a
ballot measure for a General Obligation Bond for $6,000,000 to fund the City's
obligatory share of the design and construction costs of a new municipal library in
accordance with the State grant terms; and
WHEREAS, it is necessary to establish a Capital Improvement Project
Expenditure Account using these sources of funds, for a total of $17,112.814; and
WHEREAS, the first and second phases of the library design were
performed by Carrier -Johnson Architects as part of the grant application for the library;
and
WHEREAS, it is proposed that an Agreement be entered into with Carrier -
Johnson Architects to perform Phase Three architectural services for the Project,
consisting of design development, preparation of contract documents, participation in
the competitive bidding process, and construction administration, at a cost of
$1,089,668.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby creates the Project Expenditure Account for the new municipal
library in the amount of $17,112,814, with the following sources of funds:
$11,112,814 — National City Library Fund
(Account No. 241-409-500-598-1583)
$6,000,000 — Library Capital Outlay Fund
(Account No. 108-409-500-598-1583)
Passed and adopted by the Council of the City of National City, California, on January 21, 2003,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Clerk of the City ollNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-15 of the City of National City, California, passed and adopted by the
Council of said City on January 21, 2003.
City Clerk of the City of National City, California
By:
Deputy
EXPLANATION:
The City was recently successful in applying for and receiving a grant for $11,112,814
from the State of California Library Bond Act administered by the Office of the State
Librarian for the design and construction of a new municipal library. The voters of
National City also approved a ballot measure for a General Obligation Bond for
$6,000,000 on the March 5, 2001 ballot to fund the City's obligatory share of the design
and construction costs in accordance with the State grant terms. The attached
Resolution creates a new Capital Improvement Project Expenditure Account with a total
balance of $17,112,814 for the project with these two sources of funds. Included in this
budget number are design, land acquisition, construction, construction management,
and furnishing and equipment costs. Not included are library relocation and City staff
project administration costs.
It should be noted that this is anexpenditure account. The "final" amount of the State of
California grant is based upon 65% of the actual design and construction cost.
Likewise, the City's share is based upon paying 35% of the actual design and
construction cost. The State grants funds will be reimbursed to the City based upon
payments made during design and construction. The General Obligation Bond funds
will constitute the City's share of the cost and will provide the needed cash flow for the
project. One of the first tasks to be undertaken by staff will be detailed cash -flow
analysis for the design and construction phases of the work so that the City can time the
sale of the bonds and cover the expenditures until they are reimbursed by the State.
Depending on when the bonds are sold and how quickly we are able to move on the
project, there may be a need to devise another way to provide a cash flow for the
project, such a loan from reserves until the bond are sold.
The second component of the Resolution approves a contract with Carrier Johnson for
the design of the library. This is the third phase of the design. The two previous phases
had to be performed as part of preparing a complete grant application. This third and
final phase of the design contract takes the plans to date and creates bid -able and
construction ready documents. The contract also provides for the architect to supply
technical assistance during the construction phase.
In accordance with the contract, Carrier Johnson will be providing professional services
to the City and as such, the City, through a process known as "Qualification -Based
Selection" selected them. This selection process is in accordance with the laws of the
State of California, and in accordance with the requirements of the grant. This project
has been ongoing for two years. The following is offered as a brief history of the phases
of the contract with Carrier Johnson to -date:
On September 21, 2001, the City issued a Request for Qualifications asking interested
architectural firms to submit Statements of Qualifications if they were interested in
working on the City's library project. Statements were due by October 19, 2001.
Twelve firms submitted statements. City staff and two members of the Library Board
reviewed the statements and "short listed" six firms, and the six were invited for an
interview. As a result of the interviews, Carrier Johnson was the unanimous choice and
contract negotiations ensued.
On December 1, 2001, the City Council authorized a contract with Carrier Johnson
Architects to perform design and consulting services necessary to complete the first
phase of work necessary to submit a Library Bond Act Application.
On March 5, 2002, the voters of National City approved Proposition H, thereby allowing
the City to raise $6 million to pay the required 35% matching share by selling general
obligation bonds.
On March 12, 2002, the City Council authorized a second phase of the Carrier Johnson
Architects contract to complete the next phase of work necessary to submit an
application to the Office of the State Librarian. The application was submitted on June
14, 2002.
On December 19, 2002, the City was notified by the State that we were successful in
receiving the grant.
The resolution today authorizes the third phase of work necessary in the design of the
library facility.
FINANCIAL STATEMENT:
The total cost of the library project is estimated to cost approximately $17,112,814, not
including library relocation or City staff project administration costs. The funding of
these costs is from a grant received from the State Library Bond Act ($11,112,814) and
the sale of General Obligation Bonds ($6,000,000). The State grants funds will be
reimbursed to the City based upon payments made during design and construction.
The General Obligation Bond funds will constitute the City's share of the cost and will
provide the needed cash flow for the project. One of the first tasks to be undertaken by
staff will be detailed cash -flow analysis for the design and construction phases of the
work so that the City can time the sale of the bonds and cover the expenditures until
they are reimbursed by the State. Depending on when the bonds are sold and how
quickly we are able to move on the project, there may be a need to devise another way
to provide a cash flow for the project, such as a loan from the reserves until the bonds
are sold.
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND CARRIER JOHNSON, INCORPORATED
ORIGINAL
THIS AGREEMENT is entered into this 21st day of January 2003 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Carrier
Johnson, Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
professional architectural services.
WHEREAS, the CITY has determined that the CONTRACTOR is qualified by
experience and ability to perform the services desired by the CITY, and the CONTRACTOR is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A. This is Phase Three of what is contemplated to be a three-
phase design process.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall keep CITY staff advised of the progress on
the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services.
3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen
Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the
Revised 5/2000
progress and execution of this Agreement. The CONTRACTOR shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution
of this Agreement for the CONTRACTOR. Mr. Kevin Krumdieck thereby is designated as the
Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The total compensation for the
work contemplated as part of Phase Three is $1,089,668. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and reimbursables, if any.
The total cost for all work described in Exhibit A shall not exceed the schedule given in
Exhibit A without prior written authorization from the CITY's Project Coordinator. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit A as determined by the
CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit A. All work required by this contract
will be completed by June 1, 2005.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under
this agreement, except upon the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method, utilize the
CONTRACTOR'S written work- product for the CITY's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980
through 989 relating to intellectual property and artistic works.
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Revised 5/2000
The CITY shall hold the CONTRACTOR harmless from any liability arising
from any modification or reuse by the CITY of documents, drawings or specifications prepared
by the CONTRACTOR, but only with respect to the effect of the modification or reuse by the
CITY, or for any liability to the CITY, should the documents be used by the CITY for some
project other than what was expressly agreed upon within the Scope of this project, unless
otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all applicable State
and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the
City of National City, whether now in force or subsequently enacted. The CONTRACTOR,
and each of its subcontractors, shall obtain and maintain a current City of National City
business license prior to and during performance of any work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
3 Revised 5/2000
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR has had no professional liability judgments made
against then related to the professional performance of design services in the last five years.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
4 Revised 5/2000
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall. comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers,
employees and volunteers, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, costs or attorneys' fees, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, in any way resulting
from or arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs presented, brought or recovered
against the CITY or its officers, employees, or volunteers, for or on account of any liability
under any of said acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
5 Revised 5/2000
volunteers.
D. Workers' compensation insurance covering all of its employees and
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change, ten (10) days for non-
payment of premium.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than `occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement,
except professional liability limits.
I. Insurance shall be written with only California admitted companies that
hold a current policyholder's alphabetic and financial size category rating of not less than A
VIII according to the current Best's Key Rating Guide, or a company equal financial stability
that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
6 Revised 5/2000
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally by
the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day written notice to the
CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
7 Revised 5/2000
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY: Tom G. McCabe
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Mr. Gordon Carrier
Principal
Carrier Johnson, Inc.
1301 Third Avenue
San Diego, California, 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
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A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of . this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
9
Revised 5/2000
CITY OF NATIONAL CITY
By:
Nick Inzunza, Mayor
CONTRACTOR
By:
By:
Secretary Asst. Secr jiy/CFO/Asst. Treasurer
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
10
Revised 5/2000
ARCHITECTURE
INTERIOR DESIGN
PLANNING
GORDON R. CARRIER AIA
MICHAEL C. JOHNSON AIA
WILLIAM C. BOCKEN AIA
DEBORAH P. ELLIOTT IIDA
FRANK A. WOLDEN
1301 THIRD AVENUE
SAN DIEGO CALIFORNIA
92101
TEL 619 239 2353
fAX 619 239 6227
2600 MICHELSON DR
SUITE 400
IRVINE CALIFORNIA
92612
TEL 949 955 2353
FAX 949 955 2377
www,carrieriahnson.com
G.R. CARRIER ARCHITECT
CARRIER JOHNSON
December 16, 2002
(Revised 12/18/02)
Mr. Stephen Kirkpatrick
Assistant Director of Public Works
City of National City, Engineering Department
1243 National City Boulevard
National City, CA 91950
RE: City of National City Public Library
Architectural Services Extension Proposal
Dear Steve,
This proposal extends our original scope of work (Phase 1 & 2 - per our contract
dated December 4, 2001) to provide the remainder of design services needed to
complete the Library design documents and construction administration.
Our proposal is based on a lump sum basis for the professional services defined
herein. If additional services are needed, we will provide them on an hourly basis.
The effort and fees shown below are in addition to the amounts defined in our
existing contract as Phase 181 2.
SCOPE OF WORK
Attachment 1 defines the detailed services that Carrier Johnson proposes to
provide. These can be modified as required to meet the City's needs.
This proposal has been based on a schedule for Library completion by
approximately July 2005. Attachment 2 shows our anticipated phase durations
and the associated milestones. If drawing package reviews by National City or the
State of California are extended (more than 3-4 weeks), Carrier Johnson reserves
the right to adjust our fee for the additional time.
Carrier Johnson will provide the City with completed Contract Documents suitable
for bidding and constructing the work as a single project with a qualified General
Contractor. The General Conditions of the Contract for Construction will be
similar to AIA A201.
Mr Stephen Kirkpatrick
Revised December 18, 2002
Page 2 of 4
SCOPE ASSUMPTIONS
1. Carrier Johnson's team will prepare Contract Documents necessary for General Contractor
Bidding and for approval by National City plan check agencies. Carrier Johnson will also provide
documents for submission to the State of California OLC. However, meetings and presentations
to State staff will be done on a time and materials basis as the need arises.
2. This proposal is based on the following submittals of Documents:
100% Design Development package
50% Construction Document package
100% Construction Document package for permitting
Construction Document Bid Package
3. If subsequent modifications of the Public Library Construction and Renovation Bond Act of 2000
requires substantially different or more numerous submission requirements than outlined in this
proposal, Carrier Johnson fees will be adjusted equitably based on the additional effort.
4. The City will provide all library facility information, city demographics, site title and other related
legal documents for Carrier Johnson's use on a timely basis.
5. The City will provide an independent cost estimate by a third party (not CJ estimator) if required
by the Bond Act Regulations. Our review of Title 5, section 20436 does not seem to require an
independent estimate.
6. We understand the site has been re -mediated of contaminated soil in accordance with prevailing
environmental laws. Our environmental consultant has prepared an initial CEQA study. Based on
this report, the National City Planning Department has determined that the project qualifies for a
categorical exemption from CEQA provisions.
7. Limited offsite public improvements (streets, signals, or utilities) have been anticipated within this
fee proposal. The design team assumes the existing infrastructure will support this project.
Civil will provide the following off- site improvement services:
• Public street improvements (15`° street only) and As builts
• Best Management Practice Plan
• Elevation Certificate for FEMA Map Revision
• NAVD88 datum re -surveying
8. Artist renderings, detailed physical site presentation models, or CAD 3D (virtual) models are not
within the scope of this proposal. They can be provided as additional services if the need arises.
9. The previously selected consultants can continue with an extension of their services. New
consultants will be selected with National City's approval from firms that the team has worked
with on similar projects. Carrier Johnson has received proposals from the consultants listed in
Attachment 3 to base this fee proposal on. If National City wants to use another firm, Carrier
Johnson reserves the right to adjust the fee accordingly.
10. If a form of project delivery other than Design/ Bid/ Build is used, Carrier Johnson reserves the
right to adjust our fee accordingly.
Mr Stephen Kirkpatrick
Revised December 18, 2002
Page 3 of 4
PROFESSIONAL FEES
Carrier Johnson has billed $241,700 to date for the completion of Phase 1 and 2 services against a Not -
To -Exceed maximum of $257,405. Our proposal for the remainder of the design phases is as follows:
PHASE FEE
DESIGN DEVELOPMENT $ 265,260
CONTRACT DOCUMENTS $ 518,988
BIDDING $ 18,300
CONSTRUCTION ADMINISTRATION $ 250,320
TOTAL — PHASE 3 $1,052,868
TOTAL — PREVIOUS PHASES $ 237,100
TOTAL PROJECT FEES $1,289,968
EXPENSES
$ 36,800 EST.
$ 4,600
$ 41,400 EST.
This total adds up to $1,331,368 in total design costs. The Grant application budget ( page 25) total for
lines 12,13,14,15,17, and 18 add up to $1,324,000. The overage of $7,368 is due to an extensive
amount of specialized civil design work. Linnvedt-McColl has estimated a fee of $28,090 to cover the
following non -typical costs: Street Improvement plans (15t st.), Grading plans, Erosion Control plans,
Best Management Practice Plan, FEMA Elevation Certificate , Survey tie into NAVD88, As built plans of
public improvements and grading.
As discussed, we have provided an estimate of consultant team reimbursable expenses. We will bill you
as expenses occur at the direct cost plus 15% for administrative handling.
In addition to the fee amounts provided above, we suggest that you may want to carry a $50,000
design fee contingency to allow for miscellaneous services if they arise.
REIMBURSABLE EXPENSES
Reimbursable expenses include, but are not limited to: CADD plotting, reprographics, reproduction, and
photographic work done out of office, out of town travel, mileage from Architect's office to site, and
messenger or delivery service charges. We have provided our best estimate of what these services may
cost in the Fee Summary section above.
Mr Stephen Kirkpatrick
Revised December 18, 2002
Page 4 of 4
We hope this proposal meets your needs and can be approved as submitted so that a contract amendment
can be approved by City Council and executed. We would like to start the Design Development work in
earnest on January 2,2003. There is approximately $26,000 left on our contract that could carry us (for a
few weeks) until City Council can approve our amendment.
Please let us know if you have any questions regarding the submitted information, or if you need anything
eke. We would appreciate you confirming a start date by 12/23/02, so we can mobilize staff and
consultants.
Sincerely,
CARR
ON
4/1•140.4 L Kw.�
Carrier, President Kevin L Krumdieck, Senior Associate
ipal In Charge Senior Project Manager
achments:
1. Architect's Services Description
2. Design Schedule 12/12/02
3. Design Team Composition
Attachment 1
ARCHITECT'S SERVICES: DESIGN AND CONTRACT ADMINISTRATION
TABLE OF ARTICLES:
1.0 PROJECT ADMINSTRATION SERVICES
2.0 SUPPORTING SERVICES
3.0 EVALUATION AND PLANNING SERVICES
4.0 DESIGN SERVICES
5.0 CONSTRUCTION PROCUREMENT SERVICES
6.0 CONTRACT ADMINISTRATION SERVICES
7.0 FACILITY OPERATION SERVICES
8.0 SCHEDULE OF SERVICES
1.0 PROJECT ADMINISTRATION SERVICES
1.1 The Architect shall manage the Architect's services and administer the Project.
The Architect shall consult with the Owner, research applicable design criteria, attend
Project meetings, communicate with members of the Project team and issue progress
reports. The Architect shall coordinate the services provided by the Architect and the
Architect's consultants with those services provided by the Owner and the Owner's
Consultants.
1.2 When Project requirements have been sufficiently identified, the Architect shall
prepare, and periodically update, a Project schedule that shall identify milestone dates for
decisions required of the Owner, design services furnished by the Architect, completion
of documentation provided by the Architect, commencement of construction and
Substantial Completion of the Work.
1.3 The Architect shall consider the value of alternative materials, building systems
and equipment, together with other considerations based on program, budget and
aesthetics in developing the design for the Project.
1.4 Upon request of the Owner, the Architect shall make a presentation to explain
the design of the Project to representatives of the Owner.
1.5 The Architect shall submit design documents to the Owner at intervals
appropriate to the design process for purposes of evaluation and approval by the
Owner. The Architect shall be entitled to rely on approvals received from the
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Owner in the further development of the design.
1.6 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of governmental authorities
having jurisdiction over the Project.
1.7 EVALUATION OF BUDGET AND COST OF THE WORK
1.7.1 For the State Library Grant Application submission (06/14/02) the Project
requirements were sufficiently identified so that the Architect could prepare a preliminary
estimate of the Cost of Work. This estimate was based on current area, volume or similar
conceptual estimating techniques. As the design process progresses through the end of
the preparation of the Construction Document, the Architect shall update and refine the
preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of
any adjustments to previous estimates of the Cost of Work indicated by changes in
Project requirements or general market conditions. If at any time the Architect's estimate
of the Cost of the Work exceeds the Owner's budget, the Architect shall make
appropriate recommendations to the Owner to adjust the Project's size, quality or
budget, and the Owner shall cooperate with the Architect in making such adjustments.
1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of
the Cost of the Work and updated estimates of the Cost of the Work prepared by the
Architect represent the Architect's judgment as a design professional familiar with the
construction industry. It is recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, materials or equipment, over the contractor's
methods of determining bid prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Architect cannot and does not warrant or represent that
bids or negotiated prices will not vary from the Owner's budget for the Project or from
any estimate of the cost of the Work or evaluation prepared or agreed to by the
Architect.
1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted
to include contingencies for design, bidding and price escalation; to determine what
materials, equipment, component systems and types of construction are to be included
in the Contract Documents; to make reasonable adjustments in the scope of the Project
and to include in the Contract Documents alternate bids as may be necessary to adjust
the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If
an increase in the Contract Sum occurring after execution of the Contract between the
Owner and the contractor causes the budget for the Cost of the Work to be exceeded,
that budget shall be increased accordingly.
1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect
submits the Construction Documents to the Owner, the budget for the Cost of the Work
shall be adjusted to reflect changes in the general level of prices in the construction
industry.
1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize re -bidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with terms of the Agreement;
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.4 cooperate in revising the Project Scope and quality as required to reduce the
Cost of the Work.
1.7.6 If the Owner chooses to proceed under Clause 1.7.5.4, the Architect, without
additional compensation, shall modify the documents for which the Architect is
responsible under this Agreement as necessary to comply with the budget for the Cost of
the Work. The modification of such documents shall be the limit of the Architect's
responsibility under this Paragraph 1.7. The Architect shall be entitled to compensation
in accordance with this Agreement for all services performed whether or not construction
is commenced.
2.0 SUPPORTING SERVICES
2.1 The following services shall be provided by the Owner or the Owner's
consultants and contractors.
2.1.1 The Owner shall furnish a program setting forth the Owner's objectives,
schedule, constraints and criteria, including space requirements and relationships, special
equipment, systems and site requirements.
3.0 EVALUATION AND PLANNING SERVICES
3.1 The Architect shall review the Owner's proposed method of contracting for
construction services and shall notify the Owner of anticipated impacts that such method
may have on the Owner's program, financial and time requirements, and the scope of
the Project.
4.0 DESIGN SERVICES
4.1 The Architects design services shall include the normal civil, structural,
mechanical and electrical engineering services. The following specialty consultant
services are also included: cost estimating, landscape, acoustical, security, and
information technology. The scope of each of these consultants will generally match the
work of the Architect as described herein.
4.2 SCHEMATIC DESIGN DOCUMENTS
4.2.1 Schematic Design Services have already been provided to create the documents
submitted in the State Grant Application (06/14/02).
4.3 DESIGN DEVELOPMENT DOCUMENTS
4.3.1 The Architect shall provide Design Development Documents based on the
approved Schematic Design Documents and updated budget for the Cost of the Work.
The Design Development Documents shall illustrate and describe the refinement of the
design of the Project, establishing the scope, relationships, forms, size and appearance of
the Project by means of plans, sections and elevations, typical construction details, and
equipment layouts. The Design Development Documents shall include specifications
that identify major materials and systems and establish in general their quality levels.
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4.4 CONSTRUCTION DOCUMENTS
4.4.1 The Architect shall provide Construction Documents based on the approved
Design Development Documents and updated budget for the Cost of the Work. The
Construction Documents shall set forth in detail the requirements for construction of the
Project. The Construction Documents shall include Drawings and Specifications that
establish in detail the quality levels of materials and systems required for the Project.
4.4.2 During the development of the Construction Documents, the Architect shall
assist the Owner in the development and preparation of: (1) bidding and procurement
information which describes the time, place and conditions of bidding; bidding or
proposal forms; and the form of agreement between the Owner and the contractor; and
(2) the Conditions of the Contract for Construction (General, Supplementary and other
conditions). The Architect also shall compile the Project Manual that includes the
Conditions of the Contract for Construction and Specifications and may include bidding
requirements and sample forms.
5.0 CONSTRUCTION PROCUREMENT SERVICES
5.1 The Owner may retain the Architect to provide Construction Management
Services under separate contract. In terms of this Scope of Services, the Architect will
provide services described below to assist in the procurement process.
5.2 COMPETITIVE BIDDING
5.2.1 Bidding documents shall consist of bidding requirements, proposed contract
forms, General Conditions and Supplementary Conditions, Specifications and Drawings.
5.2.2 If requested by the Owner, the Architect shall arrange for procuring the
reproduction of Bidding Documents for distribution to prospective bidders. The Owner
shall pay directly for the cost of reproduction or shall reimburse the Architect for such
expenses.
5.2.3 The Construction Manager shall distribute the Bidding Documents to prospective
bidders and request their return upon completion of the bidding process. The
Construction Manager shall maintain a log of distribution and retrieval, and the amounts
of deposits, if any, received from the returned to prospective bidders.
5.2.4 The Architect shall consider requests for substitutions, if permitted by the Bidding
Documents, and shall prepare and distribute addenda identifying approved substitutions
to all prospective bidders.
5.2.5 The Architect shall participate in a pre -bid conference for prospective bidders.
5.2.6 The Architect shall prepare responses to questions from prospective bidders and
provide clarifications and interpretations of the Bidding Documents to all prospective
bidders in the form of addenda.
5.2.7 The Architect shall participate in the opening of the bids. The Architect shall
subsequently document and distribute the bidding results, as directed by the Owner.
6.0 CONTRACT ADMINISTRATION SERVICES
6.1 GENERAL ADMINSTRATION
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6.1.1 The Architect shall provide administration of the Contract between the Owner
and the Contractor as set forth below and in the edition of AIA Document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement.
Modifications made to the General Conditions, when adopted as part of the contract
Documents shall be enforceable under this Agreement only to the extent that they are
consistent with this Agreement or approved in writing by the Architect.
6.1.2 The Architect's responsibility to provide the Contract Administration Services
under this Agreement commences with the award of the initial Contract for Construction
and terminates at the issuance to the Owner of the final Certificate for Payment.
However, the Architect shall be entitled to a Change in Services in accordance with
Paragraph 8.2 when Contract Administration Services extend 60 days after the date of
Substantial Completion of the Work.
6.1.3 The Architect shall be a representative of and shall advise and consult with the
Owner during the provision of the Contract Administration Services. The Architect shall
have authority to act on behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written amendment.
6.1.4 Duties, responsibilities and limitations of authority of the Architect under this
Article 6 shall not be restricted, modified or extended without written agreement of the
Owner and Architect with consent of the Contractor, which consent will not be
unreasonably withheld.
6.1.5 The Architect shall review properly prepared, timely requests by the Contractor
for additional information about the Contract Documents. A properly prepared request
for additional information about the Contract Documents shall be in a form prepared or
approved by the Architect and shall include a detailed written statement that indicates
the specific Drawings or Specifications in need of clarification and the nature of the
clarification requested.
6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf
prepare, reproduce and distribute supplemental Drawings and Specifications in response
to requests for information by the Contractor.
6.1.7 The Architect shall interpret and decide matters concerning performance of the
Owner and Contractor under, and requirements of, the Contract Documents on written
request of either the Owner or Contractor. The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable
promptness.
6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in
the form of drawings. When making such interpretations and initial decisions, the
Architect shall endeavor to secure faithful performance by both Owner and Contractor,
shall not show partiality to either and shall not be liable for the results of interpretations
or decisions so rendered in good faith.
6.1.9 The Architect shall render initial decision on claims, disputes or other matters in
question between the Owner and contractor as provided in the contract Documents.
However, the Architect's decisions on matters relating to aesthetic effect shall be final if
consistent with the intent expressed in the Contract Documents.
6.2 EVALUATIONS OF THE WORK
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6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals
appropriate to the stage of the Contractor's operations, or as otherwise agreed by the
Owner and the Architect in Article 8, (1) to become generally familiar with and to keep
the Owner informed about the progress and quality of the portion of the Work
completed, (2) to endeavor to guard the Owner against defects and deficiencies in the
Work, and (3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or
continuous on -site inspections to check the quality or quantity of the Work. The
Architect shall neither have control over or charge of, nor be responsible for, the
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connections with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
6.2.2 The Architect shall report to the Owner known deviations from the Contract
Documents and from the most recent construction schedule submitted by the
Contractor. However, the Architect shall not be responsible for the Contractor's failure
to perform the Work in accordance with the requirements of the Contract Documents.
The Architect shall be responsible for the Architect's negligent acts or omissions, but shall
not have control over or charge of and shall not be responsible for acts or omissions of
the Contractor, Subcontractors, or their agents or employees, or of any other persons or
entities performing portions of the Work.
6.2.3 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
6.2.4 Except as otherwise provided in this Agreement or when direct communications
have been specially authorized, the Owner shall endeavor to communicate with the
Contractor through the Architect about matters arising out of or relating to the Contract
Documents. Communications by and with the Architect's consultants shall be through
the Architect.
6.2.5 The Architect shall have authority to reject Work that does not conform to the
Contract Documents. Whenever the Architect considers it necessary or advisable, the
Architect will have authority to require inspection or testing of the Work in accordance
with the provisions of the Contract Documents, whether or not such Work is fabricated,
installed or completed. However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such authority shall give rise to a
duty or responsibility of the Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons or entities performing
portions of the Work.
6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
6.3.1 The Architect shall review and certify the amounts due the Contractor and shall
issue Certificates for Payment in such amounts. The Architect's certification for payment
shall constitute a representation to the Owner, based on the Architect's evaluation of the
Work as provided in Paragraph 6.2 and on the data comprising the Contractor's
Application for Payment, that the Work has progressed to the point indicated and that,
to the best of the Architect's knowledge, information and belief, the quality of the Work
is in accordance with the Contract Documents. The foregoing representations are
subject (1) to an evaluation of the Work for conformance with the Contract Documents
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upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
correction of minor deviations from the Contract Documents prior to completion, and
(4) to specific qualifications expressed by the Architect.
6.3.2 The issuance of a Certificate for Payment shall not be a representation that the
Architect has (1) made exhaustive or continuous on -site inspections to check the quality
or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Contractor's right to payment, or (4) ascertained how or for what
purpose the Contractor has used money previously paid on account of the Contract
Sum.
6.3.3 The Architect shall maintain a record of the Contractor's Applications for
Payment.
6.4 SUBMITTALS
6.4.1 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for
the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. The Architect's actions shall be taken
with such reasonable promptness as to cause no delay in the Work or in the activities of
the Owner, Contractor or separate contractors, while allowing sufficient time in the
Architect's professional judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract Documents. The Architect's
review shall not constitute approval of safety precautions or, unless otherwise specifically
stated by the Architect, of any construction means, methods, techniques, sequences or
procedures. The Architect's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
6.4.2 The Architect shall maintain a record of submittals and copies of submittals
supplied by the Contractor in accordance with the requirements of the Contract
Documents.
6.4.3 If professional design services or certifications by a design professional related to
systems, materials or equipment are specifically required of the Contractor by the
Contract Documents, the Architect shall specify appropriate performance and design
criteria that such services must satisfy. Shop Drawings and other submittals related to
the Work designed or certified by the design professional retained by the Contractor shall
bear such professional's written approval when submitted to the Architect. The Architect
shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals.
6.5 CHANGES IN THE WORK
6.5.1 The Architect shall prepare Change Orders and Construction Change Directives
for the Owner's approval and execution in accordance with the Contract Documents.
The Architect may authorize minor changes in the Work not involving an adjustment in
Contract Sum or an extension of the Contract Time which are consistent with the intent
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of the Contract Documents. If necessary, the Architect shall prepare, reproduce and
distribute Drawings and Specifications to describe Work to be added, deleted or
modified, as provided in Paragraph 8.2.
6.5.2 The Architect shall review properly prepared, timely requests by the Owner or
Contractor for changes in the Work, including adjustments to the Contract Sum or
Contract Time. A properly prepared request for a change in the Work shall be
accompanied by sufficient supporting data and information to permit the Architect to
make a reasonable determination without extensive investigation or preparation of
additional drawings or specifications. If the Architect determines that requested changes
in the Work are not materially different from the requirements of the Contract
Documents, the Architect may issue an order for a minor change in the Work or
recommend to the Owner that the requested change be denied.
6.5.3 If the Architect determines that implementation of the requested changes would
result in a material change to the Contract that may cause an adjustment in the Contract
Time or Contract Sum, the Architect shall make a recommendation to the Owner, who
may authorize further investigation of such change. Upon such authorization and based
upon information furnished by the Contractor, if any, the Architect shall estimate the
additional cost and time that might result from such change, including any additional
costs attributable to a Change in Services of the Architect. With the Owner's approval,
the Architect shall incorporate those estimates into a Change Order or the appropriate
documentation for the Owner's execution or negotiation with the Contractor.
6.5.4 The Architect shall maintain records relative to changes in the Work.
6.6 PROJECT COMPLETION
6.6.1 The Architect shall conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, shall receive from the
Contractor and forward to the Owner, for the Owner's review and records, written
warranties and related documents required by the Contract Documents and assembled
by the Contractor, and shall issue a final Certificate for Payment based upon a final
inspection indicating the Work complies with the requirements of the Contract
Documents.
6.6.2 The Architect's inspection on shall be conducted with the Owner's Designated
Representative to check conformance of the Work with the requirements of the Contract
Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
6.6.3 When the Work is found to be substantially complete, the Architect shall inform
the Owner about the balance of the Contract Sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the Work.
6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage of the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
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7.0 FACILITY OPERATION SERVICES
7.1 The Architect shall meet with the Owner or the Owner's Designated
representative promptly after Substantial Completion to review the need for facility
operation services.
7.2 Upon request of the Owner, and prior to the expiration of one year from the
date of Substantial Completion, the Architect shall conduct a meeting with the Owner
and the Owner's Designated Representative to review the facility operations and
performance and to make appropriate recommendations to the Owner.
8.0 SCHEDULE OF SERVICES
8.1 Design and Contract Administration Services beyond the following limits shall be
provided by the Architect as a Change in Services.
.1 up to (2) reviews of each Shop Drawing, Product Data item, sample and
similar submittal of the Contractor.
.2 up to (75) visits to the site by the Architect over the duration of the Project
during construction.
.3 up to (2) inspections for any portion of the Work to determine whether such
portion of the Work is substantially complete in accordance with the
requirements of the Contract Documents.
.4 up to (2) inspection for any portion of the Work to determine final
completion.
8.2 The following Design and Contract Administration Services shall be provided by
the Architect as a Change in Services:
.1 presentation quality scale models or artist renderings of the project;
.2 computer graphics such as renderings or virtual models;
.3 review of a Contractor's submittal out of sequence from the submittal
schedule agreed to by the Architect.
.4 responses to the Contractor's requests for information where such
information is available to the contractor from a careful study and
comparison of the Contract Documents, field conditions, other Owner -
provided information, Contractor -prepared coordination drawings, or prior
Project correspondence or documentation;
.5 Change Orders and Construction Change Directives requiring evaluation of
proposals, including the preparation or revision of Instruments of Service;
.6 providing consultation concerning replacement of Work resulting from fire
or other cause during construction;
.7 evaluation of an extensive number of claims submitted by the Owner's
consultants, the Contractor or others in connection with the Work;
.8 evaluation of substitutions proposed by the Owner's consultants or
contractors and making subsequent revisions to Instruments of Service
resulting therefrom;
National City Library Page 9 of 10
CJ Project 4486.01
.9 preparation of design and documentation for alternate bid or proposal
requests proposed by the Owner; or
.10 Contract Administration Services provided 60 days after the date of
Substantial Completion of the Work.
8.3 The Architect shall furnish or provide the following services only if specifically
designated:
SERVICES
RESPONSIBILITY
(Architect, Owner or Not Provided)
.1 Program Detail Development Architect
.2 Land Survey Services Architect
.3 Geotechnical Services Architect
.4 Space Schematics/Flow Diagrams Architect
.5 Existing Facilities Surveys Architect
.6. Economic Feasibility Survey Owner
.7 Traffic Analysis Owner
.8 Site Analysis Architect
.9 Owner Supplied Data Coordination Architect
.10 Civil Design Architect
.11 Landscape Design Architect
.12 Interior Design Architect
.13 Value Analysis Owner
.14 Detailed Cost Estimating Architect
.15 On -Site Project Representation Not Provided
.16 Construction Management Architect (under separate contract)
.17 Start-up Assistance Not Provided
.18 Record Drawings Not Provided
.19 Post -Contract Evaluation Not Provided
.20 Graphic Design Not Provided
.21 Acoustic Design Architect
.22 Communication/Data Technology Architect
.23 Security Architect
.24 Lighting Architect
.25 Off -site Utility and Traffic Improvements Owner
.26 Off -site Drainage Studies Owner
.27 FF&E design Architect (under separate contract)
.28 Library Move in Coordination Owner
National City Library Page 10 of 10
Cj Project 4486.01
ATTACHMENT 2
NATIONAL CITY PUBLIC LIBRARY PROJECT
PRELIMINARY SCHEDULE
CARRIER JOHNSON
as of 12/12/02
ID
,
It
Task Name
Duration
Start
Finish
2002
2003
2004
2005
D JIFIMIAIMIJIJIAISIOINID
JIFIMIAIMIJIJIAISIOINID
JIFIMIAIMIJIJIAISIOINID
JIFIMIAIMIJIJ
1
SELECT ARCHITECTURAL TEAM
1 d
12/3/01
12/3/01
2
3
NEEDS ASSESSMENT
111.4 d
12/4/01
5/8/02
13
14
PLAN OF SERVICE
85 d
1/8/02
5/6/02
21
22
BUILDING PROGRAM
85.4 d
1/8/02
5/7/02
^
29
30
SCHEMATIC DESIGN
95 d
1/29/02
6/11/02
40
41
STATE GRANT AWARD
124 d
6/12/02
12/2/02
44
45
DESIGN DEVELOPMENT
15.4 w
1/2/03
4/18/03
46
47
CONSTRUCTION DOCUMENTS
21 w
4/21/03
9/12/03
48
49
BIDDING/ AWARD
15.4 w
9/15/03
12/30/03
50
51
CONSTRUCTION
66 w
12/31/03
4/5/05
52
53
LIBRARY MOVE IN
12 w
4/6/05
6/28/05
6/29
54
55
F
OPEN LIBRARY
0.28 w
6/29/05
6/30/05
Page 1
Attachment 3
NATIONAL CITY LIBRARY — DESIGN TEAM COMPOSITION
PROFESSIONAL DISCIPLINE
1 Architectural
FIRM
STATUS
2 Grant Application Assistance
3 Environmental Assessment
4 Civil Engineering
5 Geotechnical Report
6 Structural Engineering
7 Mech & Plumbing Engineering
8 Electrical and Telcom Engineering
9 Landscape Architecture
10 Cost Estimating
11 Video Production Services
12 Acoustical
13 Security
14 Signage
15 Furniture, Fixtures & Equipment Design
CARRIER JOHNSON
San Diego, CA
THE FROMM GROUP
San Diego, CA
RECON ENVIRONMENTAL
San Diego, CA
LINTVEDT, McCOLL
San Diego, CA
GEOCON INC.
San Diego, CA
KPFF
San Diego, CA
GEM ENGINEERING
San Diego, CA
JOHNSON CONSULTING ENGINEERS
Poway, CA
GARBINI & GARBINI
San Diego, CA
CUMMINGS LLC
San Diego, CA
4 SQUARE
San Diego, CA
VSA n ASSOCIATES
Los Angeles, CA
SCGI
Yorba Linda, CA
NOT YET SELECTED
CARRIER JOHNSON
San Diego, CA
Schematic Design complete
Effort complete
Effort complete
Schematic Design complete
Effort complete
Schematic Design complete
Schematic Design complete
Schematic Design complete
Schematic Design complete
Schematic Estimate complete
Effort complete
Not yet engaged
Not yet engaged
Not yet engaged
Not yet engaged
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
February 6, 2003
Mr. Gordon Carrier, Principal
Carrier Johnson Inc
1301 Third Avenue
San Diego CA 92101
Dear Mr. Carrier,
On January 21, 2003, Resolution No. 2003-15 was passed and adopted by
the City Council of the City of National City, ...authorizing the Mayor to
execute an agreement with Carrier Johnson Architects to perform phase
three consulting services for the new Municipal Library.
We are forwarding a fully executed original agreement by and between the
City of National City and Carrier Johnson, Incorporated. A certified copy
of the above Resolution will follow.
Sincerely,
Martha L. Alvarez
Deputy City Clerk
/mla
Enclosure
cc: PW/Eng
File No. C2003-3
Recycled Paper