Post by Taylor on Aug 5, 2006 3:47:49 GMT -5
Research headquarters construction delayed
By Kyle Marksteiner
CARLSBAD — The construction of the National Cave and Karst Research Institute headquarters in Carlsbad has been delayed, pending a contractual disagreement between the city of Carlsbad and the architectural firm hired to handle the project.
The city recently requested arbitration, asking for Durham and Associates Architectural Firm to complete a redesign of the institute or refund the $193,000 already paid to the firm. The arbitration process, city manager Harry Burgess said, will lead to a legally binding decision that will prevent expensive court costs.
The arbitration delay is the latest of a series of roadblocks that have seemingly plagued the project since its inception. The current dispute essentially boils down to interpretations of a pair of clauses in the firm's contract with the city. The dispute is heightened by a disagreement over who is to blame for delays, which have led to rising construction costs.
Durham and Associates was awarded the bid on the original design for the building, which is meant to be the anchor point of the Carlsbad Department of Development Cascades project along the Pecos River. According to the agreement, the firm would be paid $240,000 or 8 percent of the construction bid, whichever is lower. The project went out for a construction bid in November, and the low bid came in at $6.8 million. "We had about half that," Burgess said. "In order to do (a construction rebid), the architect had to redraw some plans."
The city feels the architectural firm should handle the project at no additional cost, or at least very little additional cost. "Their onus was to design this building within the perimeters (of cost)," Burgess said. "They didn't do that job they were asked to do. Our contract states they have to (handle the construction) rebid for us at no additional cost."
Members of Durham and Associates, meanwhile, say they don't want to work for free on a completely new project that costs significantly more than the original project they bid on. The amount of state and national funds set aside is around $5 million. The firm's original contract was for a $3 million facility that the firm has already designed. "They say it's a fixed fee," said Wanda Durham, of Durham and Associates. "But there's a clause in the contract that says if you change the scope of the work, then the architect is to be compensated."
The original $3 million project, Durham said, was assigned with the understanding that elected officials were going to try to get more money for the project. Recently, Gov. Bill Richardson approved an additional $850,000 in capital outlay funds for the project. Durham said she could not comment extensively due to the legal aspects of the arbitration process. "But there is another side to this story," she said.
Complicated enough? There are a few more difficulties: Many of the original players in the project are no longer involved. Architect Beryl Durham passed away earlier this year. Burgess replaced retired city administrator Jon Tully, while National Cave and Karst Research Institute director Louise Hose has been replaced by interim director Ron Kerbo, who works in the National Park Service office in Denver.
Additionally, NPS and the state have each agreed to pay for half of the facility, but NPS has additional Leadership in Energy Environmental Design requirements for the project. That means aspects of the building must meet certain environmentally-friendly requirements. After arbitration, Burgess noted, it would still be months before a new design and construction bid would be in place.
Complete Article: www.currentargus.com/ci_4139059
By Kyle Marksteiner
CARLSBAD — The construction of the National Cave and Karst Research Institute headquarters in Carlsbad has been delayed, pending a contractual disagreement between the city of Carlsbad and the architectural firm hired to handle the project.
The city recently requested arbitration, asking for Durham and Associates Architectural Firm to complete a redesign of the institute or refund the $193,000 already paid to the firm. The arbitration process, city manager Harry Burgess said, will lead to a legally binding decision that will prevent expensive court costs.
The arbitration delay is the latest of a series of roadblocks that have seemingly plagued the project since its inception. The current dispute essentially boils down to interpretations of a pair of clauses in the firm's contract with the city. The dispute is heightened by a disagreement over who is to blame for delays, which have led to rising construction costs.
Durham and Associates was awarded the bid on the original design for the building, which is meant to be the anchor point of the Carlsbad Department of Development Cascades project along the Pecos River. According to the agreement, the firm would be paid $240,000 or 8 percent of the construction bid, whichever is lower. The project went out for a construction bid in November, and the low bid came in at $6.8 million. "We had about half that," Burgess said. "In order to do (a construction rebid), the architect had to redraw some plans."
The city feels the architectural firm should handle the project at no additional cost, or at least very little additional cost. "Their onus was to design this building within the perimeters (of cost)," Burgess said. "They didn't do that job they were asked to do. Our contract states they have to (handle the construction) rebid for us at no additional cost."
Members of Durham and Associates, meanwhile, say they don't want to work for free on a completely new project that costs significantly more than the original project they bid on. The amount of state and national funds set aside is around $5 million. The firm's original contract was for a $3 million facility that the firm has already designed. "They say it's a fixed fee," said Wanda Durham, of Durham and Associates. "But there's a clause in the contract that says if you change the scope of the work, then the architect is to be compensated."
The original $3 million project, Durham said, was assigned with the understanding that elected officials were going to try to get more money for the project. Recently, Gov. Bill Richardson approved an additional $850,000 in capital outlay funds for the project. Durham said she could not comment extensively due to the legal aspects of the arbitration process. "But there is another side to this story," she said.
Complicated enough? There are a few more difficulties: Many of the original players in the project are no longer involved. Architect Beryl Durham passed away earlier this year. Burgess replaced retired city administrator Jon Tully, while National Cave and Karst Research Institute director Louise Hose has been replaced by interim director Ron Kerbo, who works in the National Park Service office in Denver.
Additionally, NPS and the state have each agreed to pay for half of the facility, but NPS has additional Leadership in Energy Environmental Design requirements for the project. That means aspects of the building must meet certain environmentally-friendly requirements. After arbitration, Burgess noted, it would still be months before a new design and construction bid would be in place.
Complete Article: www.currentargus.com/ci_4139059