HomeMy WebLinkAboutNTDSTICHLER; 2004-09-16;RATIFICATION OF AMENDMENT NO.-. k TO EXTEND AND AMEND AGREEMENT
FOR HIDDEN CANYON COMMUNITY PARK CONTRACT SUPPORT SERVICES
NTD STICHLER
This Ratification of Amendment No. 1 is entered into as of the
day of flo\tewb- , 2002, but effective as of the
dated September 16, 2004 (the ”Agreement”) by and between the City of Carlsbad, a
municipal corporation, (“City”), and NTDSTICHLER , (“Contractor“) (collectively, the “Parties”).
@enzkeh , 200-&_, extending and amending the agreement
RECITALS
A. The Agreement, expired on September 16 2005 and Contractor
continued to work on the services specified therein without the benefit of an agreement.
The Parties desire to alter the scope of work of the Agreement to extend and
amend the contract due to winter rains and the construction schedule change effected by this,
an extension of construction administrative services is required; and
8.
E. The Parties desire to extend the Agreement for a period of 6 months.
F. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit “A, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, Contractor will provide
those services described in Exhibit “A”.
3. City will pay Contractor for all work associated with those services described in
Exhibit “A” on a time and materials basis not-to-exceed Two thousand and four hundred dollars
($ 2,400 ).
4. Contractor will complete all work described in Exhibit “A by (September 16, - 2005).
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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. . 7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
coNTmi27
CITY OF CARLSBAD, a municipal
corporation of the State of California
/ mwp? dmsnckfL% .w-
(e-mail address)
**By:
(print namehitle)
ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
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EXHIBIT “A”
Construction Administrator
Job Captain
Sr. Drafter
Desig ner/Drafter
Clerical
SCOPE OF SERVICES AND FEE
$1 15.00 per hour
$ 95.00 per hour
$ 85.00 per hour
$ 80.00 per hour
!$ 55.00 Der hour
SCOPE OF SERVICES
Construction Administration to include the following:
Attend job-site meetings as required.
Prepare document clarifications, change requests, change orders, etc.
9 Prepare preliminary punch-list for Architectural work.
Assist City with project closeout procedures.
Construction Administration fees for Sub-consultants contracted directly to
NTDStichler.
EXCLUSIONS . . City of Carlsbad to reimburse NTDStichler for costs incurred for reproduction
of documents for agency approvals, bidding, and construction at cost X 1.15.
Additional services requested by City of Carlsbad of NTDS’ consulting
engineers will be reimbursed to NTDStichler at cost x 1.15.
FEE PROPOSAL
We propose to perform these services outlined above for a lump sum not-to exceed fee of
$2,400.00
ADDITIONAL SERVICES
For extra services or special projects where it is difficult to establish in advance a definitive list
of services required, our fees may be negotiated or our services may be provided on the basis
of the following hourly rates of compensation for each classification of employee:
Partner/Principal in Charge
Proiect Architect
I $175.00 per hour I $1 15.00 Der hour
I Proiect Desianer I $1 15.00 Der hour I I SDecifications Writer I $120.00 Der hour I
= Reimbursable expenses at cost plus 15%.
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AGREEMENT FOR CONSTRUCTION SUPPPORT SERVICES
HIDDEN CANYON COMMUNITY PARK
NTDSTICHLER
mENT is made and entered into as of the /6 day of
,, 2004 by and between the CITY OF CARLSBZ a municipal
corporatioh, (“City“), and NTDS ICHLER, a partnership, (“Contractor“).
RECITALS
A. City requires the professional services of an architectural firm that is experienced in
construction support and administration services pertaining to architectural, structural
and electrical work for new construction for the Hidden Canyon Community Park.
B. Contractor has the necessary experience in providing these professional services.
C. Selection of Contractor is expected to achieve the desired result due to their familiarity
with the specifications and requirements for the park construction. (NTDSTICHLER is
the Project Architect that prepared the Construction Documents for the park.)
D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to
perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the “Services”) that are defined in Exhibit “A”, attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2.
written.
Term. This Agreement will be effective for a period of one Year from the date first above
3.
nine thousand nine hundred and forty five dollars ($9,945). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit “A.”
Compensation. The total fee payable for the Services to be performed will be
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City’s self-administered
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workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior
written notice to the City by certified mail. City will be named as an additional insured on General
and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
Termination.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et sea, and Carlsbad Municipal Code Sections 3.32.025, gt a. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12.
monies due or to become due under it, without the prior written consent of City.
Assignment. Contractor may assign neither this Agreement nor any part
13. Amendments This Agreement may be amended by mutual consent
Contractor. Any amendment will be in writing, signed by both parties, with a
estimated changes in charges or time schedule. ... ... ... ... ... ...
of it, nor any
of City and
statement of
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14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor
ATTEST:
/
City Clerk
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
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EXHIBIT “A’
SCOPE OF SERVICES
HlDD
Construction Administration
The intent of this scope is to verify the building contractor(s) is in substantial
compliance with the Architectural Construction set of plans and specifications for
the subject project. The worksheet below represents the Architect‘s responsible
charge.
Item Description Hours Fees
1 Preconstruction Conference
Principal
Project Architect
Specification Writer
Drafts person
O$ -
3$
O$ -
O$ -
360.00
Cle rica I O$ -
Sub-total $ 360.00
2 Cons t r u c t i o n Ad m in is t ra t i o n Services
(including job-site meetings and document clarifications, change
Principal 2$ 340.00
Project Architect 18 $ 2,160.00
Specification Writer 4$ 500.00
Drafts person 5$ 375.00
Sub-total $ 4,475.00
requests, preparation per scope of services)
Clerical 20 $ 1,100.00
3 Preliminary Punch List
Principal $ -
Specification Writer $
Drafts person $
C le rica I 2$ 110.00
Project Architect 3$ 360.00
Su b-total $ 470.00
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4 Project Close-Out
Principal I$ 170.00
Project Architect 6$ 720.00
Specification Writer 2$ 250.00
Draftsperson 2$ 150.00
Clerical 8$ 440.00
Su b-total $ 1,730.00
5 Sub-Consultants
KNA- Structural
HVAC - Mechanical
960.00 $
$ 750.00
T&R - Electrical Bldg. $ 1,200.00
SU b-total $ 2,910.00
TOTAL $ 9,945.00
Any additional scope requested by the City or contractor shall be billed at a
rate of $500 per visit with written approval by the City.
Construction Administration fees for Sub-consultants contracted directly to
NTD.
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