HomeMy WebLinkAbout2003 CON Carrier Johnson- Library Design ServicesORIGINAL
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
CARRIER JOHNSON
THIS AGREEMENT is entered into this 1 day of July, 2003, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CARRIER JOHNSON
(the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to perform a
Furniture, Fixtures and Equipment selection for the City of National City Public Library.
WHEREAS, the CITY has determined that the CONTRACTOR is a Firm
specializing in architecture interior design planning and 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.
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.
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3. PROJECT COORDINATION AND SUPERVISION. Stephen M.
Kirkpatrick, P.E., Assistant Director of Public Works/Engineering, hereby is designated as the
Project Coordinator for the CITY and will monitor the 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.
Kevin L. Krumdieck, Senior Project Manager thereby is designated as the Project Director for
the CONTRACTOR.
4. COMPENSATION AND PAYMENT. 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 also materials, if any. The
total cost for all work described in Exhibit A shall not exceed the amounts described in the
professional fees section of the attached Exhibit A (the Base amount) without prior written
authorization from the 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. The length of this agreement shall be
(501) five hundred and one working days from the date the agreement is entered. Therefore the
final report shall be submitted no later than Thursday, September 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 hereby
assigns to the CITY and CONTRACTOR 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
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disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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 CONTRATOR, but only with respect to the effect of the modifications 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 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.
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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 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 CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. 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 judgements made
against them 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 shall
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 CONTRACTOR
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
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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 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 appointed volunteers against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, cost 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 Actsof 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, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense 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.
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C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily
injury and property damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and appointed 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 if
cancellation is for nonpayment of premiums.
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 which
hold a current policy holder'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 judgement 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
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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's 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 (ten
(10) days if the address is outside the State of California) after the date of deposit in a post office,
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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:
Stephen M. Kirkpatrick
Assistant Director of Public Works/Engineering
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Mr. Gordon Carrier
Principal
Carrier Johnson
1301 Third Avenue
San Diego, Ca 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 financial 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.
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
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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 following Exhibits attached hereto are hereby
incorporated herein by this reference for all purposes.
■ Exhibit A — Scope of Services and Fee Schedule
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
By:
APPROVED AS TO FORM:
George H. E ser, III
City Attorney
Carrier Johitson
(Two signature
By:
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ARCHITECTURE
INTERIOR DESIGN
PLANNING
CORDON R. CARRIER AIA
MICHAEL C. IOHNSON 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 MICHIELSON OR
SUITE 400
IRVINI CAI.IFORNIA
92612
TEL 949 955 2353
FAX 949 955 237/
www.c arrierlonninn.torn
EXHIBIT "A"
May 9, 2003
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
FF&E Design Services Proposal
Dear Steve,
This proposal is offered to cover additional design services related to Furniture,
Fixtures, and Equipment selection. Now that the DD phase is done, we need to
start focusing serious attention on these services. Sequentially, FF&E planning
follows the Architectural planning, so FF&E Design Development typically occurs
during the CD phase of Architectural Services.
Our contract, dated January 21,2003, covers the Architect's services for building
design and contract administration. Attachment 1 defined those services in detail.
FF&E design services were noted to be performed under separate contract (item
8.3.27). The interior design services outlined in Attachment 1 (also budgeted for
in the State Grant Application) covers the space -planning (wall layouts and generic
furniture arrangements) and interior finish selections for floors, walls, ceilings, and
millwork.
To satisfy the State (SD and DD submissions) and the City's interest we have been
budgeting FF&E items from our previous experience based on historical cost data.
We have also provided detailed furniture plans to indicate very specific room
layout information. These two efforts enter into FF&E services scope. We have
provided this work in advance of a FF&E Agreement to further the cause of the
overall design progress and keep the project budget in line.
We now need to initiate FF&E services in earnest and need to have an Agreement
in place that defines our services. Our proposal is based on a lump sum basis for
the professional services defined herein. The effort and fees shown below are in
addition to the amounts defined in our existing contract as Phase 1,2,& 3.
G.R. CARRIER ARCI1I11 CT
Mr Stephen Kirkpatrick
May 9, 2003
Page 2 of 3
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 move in by July 2005. Attachment 2 shows our
anticipated FF&E phase durations and milestones. If FF&E 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
installing the work as a single project with a qualified Furniture dealer.
SCOPE ASSUMPTIONS
1. Carrier Johnson's team will prepare Contract Documents necessary for FF&E Bidding and for
approval by National City. 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:
Design Development FF&E package
Contract Document FF&E Bid Package
3. If a form of FF&E delivery other than Design/ Bid/ Install is used, Carrier Johnson reserves the
right to adjust our fee accordingly.
PROFESSIONAL FEES
We have budgeted for the costs listed below in the FF&E cost estimate summary page in our April 24,
2003 DD Cost Estimate. Our fees for providing FF&E design services are as follows:
PHASE FEE EXPENSES
DESIGN DEVELOPMENT $ 16,000 $ 500
CONTRACT DOCUMENTS $ 30,000 $ 700
BIDDING & INSTALLATION $ 15,000 $ 600
TOTAL — FF&E $ 61,000 $ 1,800 EST.
We have provided an estimate of 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 carry a $3,000 design fee contingency to allow for miscellaneous services if they arise.
REIMBURSABLE EXPENSES
Reimbursable expenses include, but are not limited to: CADD plotting, reprographics, 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.
Ci Fee proposal FF&E 030509.doc
Mr Stephen Kirkpatrick
May 9, 2003
Page 3 of 3
We hope this proposal meets your needs and can be approved as submitted. Once authorized, we will
invoice for this work under project number 4486.02 to separate the costs from the rest of our services. We
would like to start the Design Development work by early June 2003.
Please let us know if you have any questions regarding the submitted information, or if you need anything
else.
Sincerely,
CARRIER JOHNSON
4*Apiz limAmt464
Bill Bocken, Kevin L Krumdieck,
Interior Design Principal Senior Project Manager
Attachments: 1. FF&E Design Services Description
2. FF&E Design Schedule
CJ Fee proposal FF&E 030509.doc
•
•
•
ATTACHMENT 1
NATIONAL CITY PUBLIC LIBRARY
SCOPE OF FF&E SERVICES
May 8, 2003
FF&E SCOPE OVERVIEW
® Documentation & management of furniture & equipment -related information.
® Aesthetic coordination with building architecture & interior design.
• Coordination of programmatic requirements and interface with OLC requirements.
FF&E CLIENT RESPONSIBILITIES
• Approved interior design concepts.
• Approved "generic" furniture (space) plans.
• Provide preliminary equipment requirements/staff & public
FF&E SCOPE OF SERVICES
Design Development Phase
• Develop/maintain project FF&E schedule.
• Develop system (preferably database) for identifying, budgeting, specifying furniture &
equipment items throughout project.
• Determine staff workspace functional components.
• Inventory & analyze existing FF&E items (History room) for re-use/refurbishment.
• Develop equipment location plans schedule (overlaid on furniture plans) for electrical/data
requirements.
• Develop furniture & equipment plans and legends, organized by item type (i.e. task chair,
reading table, etc.) for cross-reference to coded plans & specs.
• Finalize budget for FF&E based on coded plans; reconcile with FF&E funds as required.
• Determine specific functional criteria and aesthetic parameters for generic furniture items.
• Research specific furniture products that meet functional & aesthetic criteria for staff & public
areas. Provide preliminary product selections for each furniture type.
• Obtain manufacturers' budget pricing on preliminary product selections.
• Refine furniture & equipment codes on plans as specifications are refined & staff comments
are incorporated.
Deliverables: Floor plans and Preliminary Room Schedules (two copies of each). Three
material and product selection boards. Attendance of three client coordination/review
meetings.
Contract Document Phase:
• Evaluate appropriate systems furniture manufacturers.
• Select secondary products (alternates) if required for bid specifications.
• Develop construction documents for customized furniture items.
• Finalize coordination of equipment plans with base building power & signal plans.
• Coordinate furniture finishes & materials with base building palette.
• Develop bid specifications.
• Finalize FF&E budget based on final plans & specs.
Deliverables: Specification Spreadsheets, Cut Sheets, Floor plans and Room Schedules (two
copies of each). Attendance of three client coordination/review meetings.
P:\PRJQ\4486.00\Fees & Contracts \4486.02\Attachment-1_FFE-ScopF 03-0508.doc
•
•
ATTACHMENT 1
National City Public Library
Scope Of FF&E Services
CI Project No. 4486.02
Procurement/ Installation Phase:
• Assist with FF&E bid process.
• Review proposed substitutions during bidding.
• Review purchase orders.
• Review shop drawings, submittals, and mockups.
• Assist Construction Manager with installation schedule.
• Attend site meetings during installation.
• Assist with punch lists and project closeout.
Deliverables: Product Maintenance Data (one copy).
May 8, 2003
Page 2
P:\PR)Q\4486.00\Fees H Contracts \4486.02\Attachment-1_FFE-Scope_03-0508.doc
F5
•
ATTACHMENT 2
NATIONAL CITY PUBLIC LIBRARY
PRELIMINARY FF&E SCHEDULE
CARRIER JOHNSON
as of 5/09/03
ID
Task Name
Duration
Start
Finish
Predece:
2004
2005
JIJIAISIOINID
JIFIMIAIMIJ[JIAISIO[NID
JIFIMIAIMIJIJ
1
DESIGN DEVELOPMENT PHASE
60 d
6/2/03
8/22/03
2
Furniture selection research
12 d
6/2/03
6/17/03
3
Preliminary Color/finish selections
10 d
6/18/03
7/1/03
2
4
Preliminary Equipment selection
7 d
7/2/03
7/10/03
3
5
DD package documentation & pricing
10 d
7/11/03
7/24/03
4
6
Issue DD package to city & state
1 d
7/25/03
7/25/03
5
7
DD approval by NCL and OLC
20 d
7/28/03
8/22/03
6
8
9
CONTRACT DOCUMENTS PHASE
60 d
1/5/04
3/26/04
10
Furniture specifications
15 d
1/5/04
1/23/04
l
11
Color/finish bidding selections
6 d
1/26/04
2/2/04
10111
12
Final Equipment selection
8 d
2/3/04
2/12/04
11li,
13
CD package documentation & pricing
10 d
2/13/04
2/26/04
12
14
Issue CD package to city & state
1 d
2/27/04
2/27/04
13la
15
CD approval by NCL and OLC
20 d
3/1/04
3/26/04
14
16
t,
17
PROCUREMENT/INSTALLATION PHASE
24 w
10/25/04
4/8/05
R5 At
18
[
19
LIBRARY MOVE IN
12 w
4/11/05
7/1/05
17
K
20
7/5 •
21
OPEN LIBRARY
1 d
7/5/05
7/5/05
Page 1 of 1
City of National City, California
COUNCIL AGENDA STATEMENT
AEETING DATE
July 1, 2003
AGENDA ITEM NO.
7
ITEM TITLE A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
ENTER INTO AN AGREEMENT WITH CARRIER JOHNSON TO PROVIDE FURNISHINGS,
FIXTURES, AND EQUIPMENT DESIGN SERVICES FOR THE LIBRARY PROJECT
PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering
336-4580
EXPLANATION
Carrier Johnson has been under contract with the City of National City since the inception of the Library
Project. They assisted in the preparation of the application for State Funding, and are now in the
process of preparing the Construction Documents for the building. Throughout the process, Carrier
Johnson has performed very well for the City.
The last phase of the design is the Furnishings, Fixtures, and Equipment (FF&E) phase. This phase
involves preparing bid -able documents for all furnishings and equipment that will go inside the new
library building. It is a very important component of the design of a new library building.
Carrier Johnson was selected to provide the FF&E Design Services as a result of the Request for
Qualifications process. It was contemplated as the fourth phase of the design of the project. In fact,
although not under formal contract, Carrier Johnson has been providing some of the services described
in the Scope of Work to the City already as a result of questions and comments resulting from the State
of California review of our building design.
This design agreement cost is an eligible reimbursable expense. Funds have been budgeted for this
l work within the State approved project.
r
Environmental Review
N/A
Financial Statement
Approved By: /�__
The total cost of the contract is $67,000. Funds have been budgeted for this col Ilf act na ce Director
in Account Number 241-409-500-598-1583 and Account Number 242-409-500-598-1583.
Account No.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RE ' MMENDATION
N/A
ATTACHMENTS ( Listed Below
1. Agreement
Resolution No.
2003-94
A-200 (9/99)
RESOLUTION NO. 2003 - 94
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH CARRIER JOHNSON
TO PROVIDE FURNISHINGS, FIXTURES,
AND EQUIPMENT DESIGN SERVICES
FOR THE LIBRARY PROJECT
WHEREAS, the City desires to employ a consultant to provide
furnishings, fixtures, and equipment design services for the library project; and
WHEREAS, the City has determined that Carrier Johnson is an
architect firm specializing in architecture interior design planning and is qualified by
experience and ability to perform the services desired by the City, and Carrier
Johnson is willing to perform such services
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute on behalf of the City an
Agreement with Carrier Johnson to provide furnishings, fixtures, and equipment
design services for the library project. Said Agreement is on file in the office of the
City Clerk.
PASSED and ADOPTED this 1st day of July 2003.
Nic I un , ayor
ATTEST:
Mic ael R. Della f ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on July 1, 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
ti
City (tlerk of the City oafional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-94 of the City of National City, California, passed and adopted by the
Council of said City on July 1, 2003.
City Clerk of the City of National City, California
By:
Deputy