HomeMy WebLinkAbout1978-10-03; City Council; Resolution 5449# L
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RESOLUTION NO. 5449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND KATER AND ASSOCIATES FOR DESIGN OF MAGEE PARK AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That certain agreement between the City of Carlsbad and
Kater and Associates for the landscape design of Magee Park, a
copy of which is attached hereto marked Exhibit "A" and incor-
porated herein by reference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the
City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 3rd day of
October , 1978, by the following vote, to wit: -
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None Councilwoman Casler
ABSENT: None
ATTEST:
(SEAL)
AGREEMENT FOR ARCHITECTURAL SERVICES FOR.THE
LANDSCAPE DESIGN OF MAGEE PARK IN THE
C I TY OF CARLSBAD, CAL I FORN I A
THIS AGREEMENT made and entered into as of the day of
, 1978, by and between KATER AND ASSOCIATES, Landscape Architects,
hereinafter referred to as 'fArchitect,tt and the CITY OF CARLSBAD, hereinafter re-
ferred to as "City."
WHEREAS, the City owns a parcel of land designated for park pur-
poses; and
WHEREAS, the City is desirous of improving this parcel of land
. with vehicular parking, restroom faci I ities, shuffleboard court, pedestrian cir-
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culation, picnic faci I ities, horseshoe court,
system and park lighting; and
WHEREAS, the firm of Kater and
services for the City in the past and has subm
form the design services; and
andscape improvements, i rr-igat ion
Associates has provided satisfactroy
tted a proposal in writing to per-
WHEREAS, it is advantageous for the City to retain the services
of Kater and Associates as landscape designers to perform the services in the
manner, ai- the time, and for the compensation set forth herein;
NOW, THEREFORE, I-he parties hereunto agree as fol lows:
ARTICLE I :
and construct
posed faci I it
SCOPE OF ARCHITECTURAL SERVICES
The Architect wi I I provide professional services for the design
on of Magee Park as follows:
I. A grading plan depicting vertical relationship of all pro-
es and establishing grades for buildings, walkways, parking
EXH I B IT "A"
areas, i-etaining wal Is, landscaped areas and drainage -faci i i-ties.
2. A plo-l- p!an showing ths horizonl-a1 relza-fioiisiiip 0.f all pro-
posed faci 1 i-lies inc! uding h\ialk\Qays, parking areas, kui Idinys, recreationa!
areas, 1andsc;aped areas and uti I i-ty services.
coni 1-0 1 equ i pm
p 1 an+e d a rea s .
.f-eriais as we1
plant I is-i- not
3. At? irrigation plar: providing a layov-I- of all
nT9 spr-irikl~~” he?cis and rela-l-ed equipix?n-l- for irr-
pi p i ng, va I ves
ya-f.io,n of a I I
new p I anf- !Ea-
I include a
1-19 the quarrti-ty, size arid var-ie-ty of a1 I piantings,
5. A 1 igh-I-ing plan sho?:,ling undergroui-id condirit and wii-ing, put I
andarcis, coni-1-01 equipmen-I, construcf-ion de-l-ai Is and ci rcui-i-
6. Cons-i-ruz-tion de-fa1 Is showing elzva-l-ions, cross sec-i-
&. c-tai -. Is qecessar-y -FoI-. consi-ruc-bioi1 of 1-he faci I i-ties in -/-he park includ
resl-rocm -fac i I i ‘i-y
7. The
a I I ma-te i- i a i s and i -1-erns
esi- i ma-fed costs e
8. Con
sistance -to -the Ci-i-y in
speci f i c2.i- ions i I ! de I i neate i-he -1:ype and qua
.to be ins-1-31 led as we1 I as a list of bid items
ons and
ng +he
I l-y of
and l-he
of- as-- -a<;+ ad-ij7iSt:’&Io:: -!-9 be provided \?!; 11 c;o!?:is
c;b-i-aining bids from contracd-ors, in-terpret-ing plans and
speci.Fica-!-i.ons, eva! ual-ing bids, preparing change orders and providing inspection
work -to insure coinpl iance wi-i-1-1 -/-he plans and specifications.
9. The landscaps archi.I-ect, upon Ci-ly approval, may provide fir
cause -1-0 be provided, any soi I invss-I-igal-ions requi red for -the design o.f -the
project. /\I lowance for soi I iiivesl-iga-tions shai I be set for-i-I? in Artic!e I\/.
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IO. Project documentation (allowance shall be as set forth in
Articie IV). The Architect shall furnish the City with the following as re-
imbursable printing expenses:
A. Five sets of design development phase documents (for
plan check and approval).
B. Twenty-five sets of construction documents and specifi-
cations .
C. After City's final approval, tracings of construction
drawings and master copies of specifications typewritten on
bond.paper in a form acceptable to the City.
SCOPE OF CITY STAFF' S RESPONS I B I L I T I ES
I. The City shal I provide information as to i-he requirements and
- ARTICLE I I:
program of I-he project, including budget iimita-tions and schsdvling.
2. The Ciiy shal I provide, or- cause to b5 provided, site infor-
mation including grades and 1 ines of adjoining s-i-reefs and pavements; rights-
' of-way, restrictions, easements, and boundaries; locafions, dimensions of other
improvements, if any, and information as to the available service and utility
lines, both public and private; all the above to the extent they are shown in
required for
the City's records.
3. The City shall provide,or cause to be provided, any tests
construction of the project.
4. The City shall notify the Architect of administrative pro-
red and name representatives authorized to act in its behalf. cedures requ
ARTICLE I I I: PROGRESS AND COMPLETION
1. The architectural services spec
promptly fol lowing written authorization by the Ci
fied herein shall begin
Yo
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Magse ttouse (I -f ordered), a
3. For sol
Fo II I- i--I~;n d red F i f -i-y Do ! I a rs
4.. For prc
Hc!i:dred Dol /ars ($600.00~.
iminary survey 0-'i the si-1-e, a maxinii.!rn fee of Six
hi I led as f.01 lows:
of woi'kirig plni-~s and specifications -I $7,500.03.
ARTICLE VI I: - RESPONS I B I 1. I TY OF THE ARCH I TECT
The Architect is hired to render a professional service only, and
any payments made to him are compensation solely for such services as he may
render and recommendations he may make in the course of the project.
Architect makes no warranty, either expressed or implied, as to his findings,
The
recommendat ions or profess iona I advice other than they were promu 1 gated after
following a practice usual to the landscape architect profession.
ARTICLE VIII: SUSPENSION OR TERMINATION OF SERVICES
The City shall have the right to terminate this agreement ar;d the
work done under it at any time without cause by giving the Architect notice in
writing.
accomplished to the date of termination in accordance with Article VIi.
request of The City, the Architect shall assemble the work product and put
same in order for proper filing and closing and deliver said product 1-0 the
City. In such event, the Architect shal I be paid for assembi ing said final
work, but in no event shall the fee for said fina
of the guaranteed maximum fee, nor shall the tota fee exceed the guarar,teed
maxi mum.
In the event of termination, the Architect shall be paid for the work
Upon
work exceed ten percent (16%)
ART
his
ca I
CLE IX: STATUS OF THE ARCHITECT
The Architect shal I perform the services provided for herein in
own way as an independent contractor and in pursuit of his independent
ing, and not as an employee of the City. He shall be under control of the
City only as to the result to be accomplished and personnel or construction firms
to be assigned to the project.
pj-oject shal I be subject to approval of the Pub1 ic Works Administrator.
ARTICLE X: CONFORM ITY TO LEGAL REQU I REMENTS
The professional firms to be assigned to the
The Architect shall cause all drawings and specifications to
.conform to al I applicable requirements of law: Federal, Si-ate and local. He
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shal 1 cac;c? -\-he necessary copies of such drawings and speci-Fira-ikions, -I-oget-her
with ;i I I necessary suppor'i-i ng documen-i-s I 1-0 be f i led wi -i-h any agenc i es whose
approva I i s necessary.
ART 1 C1.E x I : OWNERSi--I 1 P OF DOCWENTS
AI I plans, studies, ske-t-ches, drawi~igs and specifications, as
hei-ei n regui rc.,:f, are -1-i-i~ proper-i-y of the Ci-i-)/ wheSi-~er- the work for which I-hey
are made be executed or' iwl-. Ii? -!-he e\/ei?.t .this coni-rac-l- is -i.er-minal-ed, ai I
documcn-r?-s, p!ans, r;pecif-ica-tiorls and drawings of -the faci i i+y s!lai I be dei ivered
fori-hwi.th -1-0 -the Cify.
ARTICLE XI I : iiOLD HARMLESS AGREtIMENT
The Ci-!-);, its agents, officers and empioyees shai I not be I iabie
for aiiy claims, I iabi I ii-ies, penal-i-les, fines, or for any darnage -1.0 goods,
propert izs, or e!'feci.s o-f any person wha-/-ever, nor for personal injuries to cr-
dea-f-h of them caused by oi- resul-ti rig from or claimed 1-0 have been cai!sed by cr
tY?stJ i 1- i t:CJ ft'0lli y aci- or omi ss ion of Arch i .i.ecl- or hi s ageri-i-s emp I oyees I or
. I-epi-esen-i-al-i ves. Arch il-ect furl-her agrees -io i ndemn i fy and save free and ham-
less The Ci-i-y and its authorized agents, o.fficer-s and empioyees agains-t any o.f
Ths Arch I-l-ec-i- sha I I 1-10-1- assign -I-!? i s con-tract or any part thereof
0:- any monies due or -10 become due -thereundc-?r without the prior writ-ten consent
If the Ai-chiI-ec-f- sha I I subconi-rac-I- any of -the work To be performed
under -this coni-raci- by -1-he Archi.l-ec;:i-, he shal I lie ful ly responsible -1-0 I-!-re Cil-y
I.. 6 ".
for the acts and omissions of his subcontractor and of the persons either
directly or indirectly employed by the subcontractor, as he is for the acts
and omissions of persons directly employed by him.
this contract shal I create any contractual relationship between any subcon-
Nothing contain'ed in
tractor of the Architect and the City.
contractor and every subcontractor of a subcontractor by the terms of this
The Architect shall bind every sub-
contract applicable to his work unless specifically noted to the contrary
in the subcontract in question approved in writing by the City.
ARTICLE XV: PROHIBITED INTEREST
No official of the City who is authorized in such capacity and
on behalf of the City i-o negotiate, make, accept, or approve, or to take part
in negotiating, making, accepting, or approving of any architectural, engineer-
ing inspection, construction, or material supply contract, or .any subcontract in
connection with the construction of the project shall beccme directly or indi-
rectly intserested personally in this contract or in any part thereof. No of-
ficer, employee, architect, attorney, engineer or inspector of or for the
City who is authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or other similar functions in connection with the
performance of this contract, shall become directly or indirectly interested
personally in This contract or any part thereof.
ARTICLE XVI: VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or
employee of the City, either before, during, or after the execution of this
contract, shall affect or modify any of the terms or obligations herein con-
tained, nor such verbal agreement or conversation entitle the ArchiTect to any
additional payment whatsoever under the terms of this contract.
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C I TY OF ZARL.SUF~.!I
KATEi? AND ASSOCIATES
BY