HomeMy WebLinkAbout1977-03-01; City Council; 4084; Consultants Agreement - Canyon Park Design^-.
I
;.:;& VJj ,' 1, March 1, 1977
'13 1; 11 i:., '
- -. .... .. -..- ..... _. .. . ". ....... .. ..........
:- Engineering . .- ...... - . ... .- ..-- -. .... --I- __ - .... - .. __ _......I_
.... ....... ........... -.~I___.____.______I____..._.__l .-.._...- _- - ~-. .-..- ~_.__, .- . .. s ;:I 1) i,; (,:~ c . i: :, CONSULTANTS AGREEMENT - CANYON PARK
. _r^ _.I- ...
DESIGN
, .. .1. .
....... .- ...................... I._-"
............. .... ....... ......... .... ... ................ ............. .- .-i- .
.. .. L' !' -. ..
The Parks and Recreation Department has budgeted funds for
the improvement of Canyon Park and wishes to complete the
project prior to 1978.
Proposals were submitted by six landscape architects to
perform the design work. The Selection Committee has recommended that the City retain the firm of Kater and Associates from Cardiff by the Sea to do the design work.
EXHIBITS :
1. Memo dated February 10, 1977 from Public Works Administrator to City Manager
Resolution No.$&9sauthorizing Mayor to execute agreement
with Kater and Associates 2.
3. Proposal from Kater and Associates.
RECOMMENDATION:
Adopt Resolution No. Gesauthorizinq Mayor to execute agreement with Kater and Associates. -
Council Action:
3-1-77 Resolution No. 5005, authorizing the Playor to execute an agreement I between the City and Kater and Associates for the design of Canyon Park, was adopted.
f
February 10, 1977
City Manager . f.. f.. ..* -. . . -. TO t
FROM: Public Works A&ainistrator, - - -I
. -. SUSJECT:
At the request of the Director of Parks and Recreation, sir (6)
consultant firns (see attached list) submitted proposals to provide services for the design and-construction of Canyon.
Park in the La Costa Area,, -, - , - *.. - - . . - -
Caryon Park La-kdscape De'sign .- -Consultant Selection
A selection cornittee co2posed of EO Johnson, John Eatch and
Joe Spano from City staff and.Don Egermayer and Juanita Rhodes
from the Parks and 3iecreation Cormissfon, net on February 9, 1977
to review the proposals and nake recomnenbations.
Pftcr reviewing t>?e written proposals, the covmitte9 unanimously
zt;reeZ to recopaenci to the City Council that they enter into
213 agreerent xith ~.'at~n ar.5 Zssociates fron Car3iff Sy The Sea
5ar the Cs~nyon Tark Iroject,
CANYON PARK PROJECT
- LANDSCAPE ARCHITECTS SUBMITTING PROPOSALS
Kater & Associates
P.0- Box 305
Cardiff By The Sea, Ca." 92007
?
Environmental Research Associated
Box 809
Del Mar, Ca. 92014
Lawrence Bladc& Associates
226 12th Street
Del Mar, Ca. 92014
William C. Tucker & Associates
P.O. Box 248
Encinitas, Ca. 92024
Roqer Deweese, Inc.
11404 Sorronto Valley Road, Suite 104
San Diego, Ca. 92121
Van Dyke-Halsey Design Group, Inc.
3585 Fifth Avenue
San Diego, Ca. 92103
/
? . 4'
Ed;;ar Y, Jofn~coir
City of Carl.sbac1
Chrlubrid Cal3 fornia 92008
. 9ii:cctor of Parlts and Kccreations
. 1.200 Elm ~':,7enue
Subject : 1a-d scape Architectural ConsiiI.t;'i:ion
Canyon Park Development, Carlsbad, Calif or-nia
Dear Mr. JohnsGn;
In respmsc to your invitati-on dated January 6, 1977, the firm of IJTLR &
ASSOCISiES is p7 cased to subnit its qualifj-caticns to provide cor,sul 'itirit
services for the preparation of landscape development plans for the prcpossd
Canyon Park.
I have reviewed the. consit1ci:afions set forth in your letter aizd haxe visi';&
the site wlth-lik. Joe Spano of the City Engi.ileeri.~iz Staff.
have discusseti the projcct to further ascertatn your specific needs ant! oi-jec-
tives with r-cspcci: to the project work schedule sild tihat qualitati.ve fxtors
might be of significance In t>e development and future uti'lizati.on of the
proposed park.
Mr. S]~ano ai2.d 1: AI 90
To enable cff icieiit administration with a inaximum degr'ce of responsiveness,
availability and Int:iniatz kno~l edge of local conditions pertinent t~ North
San Piego Coiln'iy, I have informed the following consultznts for p.--obablc sub-
consultaticn:
Brian Smith Engfnecrs Inc. , Carlsbad; E. Capra - Electrical En.giiiecr,
Encinj.tas; E. R. Eichovsky, Horticuicuri.st - Eutler's Nill, Inc., San
Diego; arid Larry E, Yealcel A.I.A. & Associates, Sa11 D-iego. (Nr. Peakel.
donated construction plans for the Laguna Rfviera Park Cu;nfort Station. )
With respect to the accrmpanyiiig pi'oposal, 1 hc n-ai;erial has been arrangcd as . - follows:
INTBODllCTION : Description of the. film of LITER 6 ASSOCIATT:!:
' LlSTING Or PROPESSICNAL SERVICES : Aspects of Consultation Services
.TNjULhTION OF -PARI< PROJECTS : E:xcper-f.eiicc in park developiciit projects
PROBABLE SUB- CON SULTANTS : Civil 13ngineer , El.ectricn1 Eiigiiicer,
Architect and Soils Slkcialist .
UNDERSTANDING OF ' ASSIGNWNT : Describes undc.rst:ani-ling of project re.quir&mt:s
.I ... .......- ~.~ .._.. .- ................................. -._~_ ............ ,- .............. .. . - ‘.
! Edgar Y. Johnson
January 25, 1977
..
Page Two
..
\i. -* ‘
.. PROJECT APPROACII : Defines the method and contn:ins a
propor;& project Wo~:lc Schedule
I~ ME‘JNOD OF CO~4l?UTINI; FEES : Fee Schclules. .._I
I wish to cxprc’ss ny appreciation for your invitation and 1001: forward to the
opportunity of cxecutiiig this assignment. 8
Sincerely,
KATER & ASSOCIATES
.
Dave L. Kater
. (Principal)
*.
/
. ..-
.
..
/.
PROPOSAL: LANDSCAPE AJ?,CHITECT CONSULTA1'XON
CANYON PARK, CAlXSEfI), CALIFOKNIA
TABLE OF CONTEKTS
INTRODUCTION
LISTING OF PROFESSIOXAL SERVICES
TM3ULATION OF PARK PROJECTS
PROBABLE SUB-CONSULTilXTTS
UNDERSTANDING 01: ASSIG?L'HENT
PROJECT APPROACH
METHOD OF COPPLJTING FEES
.. ...
..
__._. ...... ,.,, _., .I -. . .. . .. . ... .- .. ~ - .- ,.
Katcr & 1issoc'inLcs has the capal>iJ.ity to perfoim a wide range of .
profcssiofinl services, the extent of t:hLcli is djktatcd hy sl'eci-fic
project recpircn~cnts. Landscape architcctural services usua.lly
c0nr;ist of :
i
!
!
I
i
\ i I I i !
i
I i
I i
!
I
! I
I
i i
-.
/
DEFII~LTION OF PROJECT SCOYE
To define the project scope, a client conference is held to
familiarize the f inn wi.th the proposed developxent ; anticipated
schedules and fiscal Limitations ; and clic-nt requii-emeiits arid
desires.
to clearly establish respective areas of respo1lsibility and
provide-s the f inn with factual information to insure the cltent
This initial meeting enables tile. cliciit and tlie firm
. a valid proposal of service-s.
SUBMISSION OF PROPOSAL /iND'/OP, COBTRACT
The firm provides a written proposal identifying the specif?!:
services to be perfornled, the. schedule of accoxiplishmen;: the
fee to be charged, the mthod of paynent and a descriptioii of
the items to be furnished by or at the expense of others. With i
the client's written approval, the project proceeds.
PRELIMINARY DRfih'INGS Ah9 ESTINATES
All necessary preliminary studies, sketches, drawings and estimates
to present the conceptual design solutton are prepared. Using
these, client conferences are held to analyze and review the
solution. When alternative solutions are feasible, these also . are provided for evaluation..
WORKING DJUIJINGS AND SPECIFICATIONS
With approval of the preliminary plan, the fi.rm prepares working
drawings and specifications.
these might include:
The Site P1.m locates all existing facilities to remain, be
removed or Kg modified.
establi.shcs the horizontal relationship of all facilities arid
provides general construction information.
. .
The sI5ecifi.c type and nili&er of,
--working drawings are determined by tlie client and firm. Typically
It depicts all proposc;d consti~uctioi-~,
I ..
c
. _. /
. . . . . . . ,,. _.__ .. -- . .....,.. ... ..I.
The Gr n d .in g, P 1 an d epic t s tli c ve r t- 3. c a 1. r cl. a t ions 1 I i p r) f p r.0 p o s cd
facKLities and cstablishc~s tile grades for all Li.it,J.cliiigs, roads,
tiaI.lts, stcpr:, retaining wsJ.1.s and all ground sui:fnce and water
ayeas.. It also indicarcs the grades of required surface or sub-
surface drainage structures, and uti1.it-i.e~ services.
The Construct ion Details provjde en1 arGc:d plans, sections ant1
clevntjons of spccific. facilities such as roads, curl)^, walls
steps, fencing, dcxks, arhors, paving patterns, ctc.
--I.-- _____I
--1J2-- Tlic 1:rrioaticm Plan illustrates .the layout of all piping, valves ,
control equipment , sprinkler heads en.d related equipment for
irrigation of' all p~.&ted amas. .
The Plant3r1p Plan locates and identifies 213- ncw plant materials
as well as any to be preserved or removed. A plant list noting
the quantity, size aiid varieties is included.
The JAghtinp, .-- 'Plan S~GWS underground wiring
control equipment, installatic:; details and circuit diagrams
as required.
The Specifications identify the types and qual-ity of all materials
to be use6 and define the manner by which the construction is to
be acconplished.
light fixtures,
..
The Final. Coustructi.on ---I .--- E'st:irnatc - provides the cljkiii: with specific
quantities and unit costs based upon the final working drawings
and specifications. Additional expenses such as tontractor profj-l:,
.inflati.on of labor and material costs, bonds; guarantees and
project maintenance axe ccmputed to provide the client with an
accurate estimate of anticipated total development cost.
BIDDING AND CONSTRUCTION CONTRACT. FORMS
The firm also prepares the necessary biddhg information and
assists the client in drafti-ng of proposal aiid contract forms.
-i
!
I
ADNINI STPQiTION AND SUPERVISION OF COI!STRUCTION
. -.. The f inn assists the client in obtaining proposals froin contractors
and in awarding construction contracts. \Aien required by t.he client,
/ the firm interprccs the contract documents, reviews subm:ittnls
. prepares change orders aiid providcs .i.nspect.ion of the work to .. insure contractor compliance with the pl.ans and specifications.
r i
i
__ . -. - - . . .. - . ..- . . ... -. . -- .. . . . . - . . - ~ .- . . . . . .. . . . . . . , . .
-. - ,.~ I
I
!
I
I !
!
i i i
I
i
i
1
L.
i
i
I
i :
i
I
I.
..
I
I I I
CONSIJL'I'ATION
*...
I
i
!
:-
I
- . . . . ...- ^. . . . . ~,,. .... . . . ...-.- .. - . .- 1.
i .- II
!
Civil Cny,' 'J nwr 13rian Sinj rh Eii,qiiicc.rs, Tnc ,
(71 4 /723-8281) 2656 St ate, Carl.nl)rid, CA
El.ccl;rical JCngjnccr E. Capr-n
(714 /753-9103.) 1447 Suir,mit Ave. , I?ncinitas, Ch 92024
fir chi 1: ec t Larry E. Ycakcl, .AL.A. & Associates
( 7 14 / 2 3 9 - 2 3 4 4) 1302 Kcttncr I'lou~evard
Sap Diego, CA 921.01.
I I
i.
1
!
f
1 i
I
!
!
i i i I
1 !
I i
i I
I
i
I
1 i
Soil Test.i~ig E. R. Bicho\+~sIi>r
(714/%6%-2455) But3.er's Mill, Iiic.
5180 Nnranja Street
San Diego, CA 921.14
/
.--. .
r
. .. , . , ,.. _.__. . .I ___.,_ . _.- I .~ ,....-. - .. - .. - ...
T11:i.s section of the proposal dcfincs the current understai~ding of the
stated project: requirements.
The City of Carl.sbad is interested in obtaining tlic services of a
qua 1 if 1 ecl I.and s cap e arch i 1: cc cur nP consul t in;: f i I-m 1: o prc:p;ire a Ma s f es
Development Plan and Consrruction I1ocunicnl.s for Canyon Park, wit11 the
requirecents as stated in chc invit;:t:i.on letter of January 6, 1977,
froin the City’s Park & Recreation Department.
9:
,:
Although no final date was identiflkd in the jiivitatiori letter for
final sel.ection of the consultant, I. assume that consultant selection,
negotiation of agl.-eenient:, and subsequmt appi-oval of the agreement by
the City will he cornpletcxl prior to l.’ebruary 1.1, 1977. Sliciuld this be
achieved, it is my proposal to complete. the assigrirne.nt at sucli time to
allO1.7 for conc.urr:crit processing of the develcpenc plans through the
various review; and hearings requii:r:d for the adoption and app1-ova1 by
the Park & Recreation Committee arid your City Council. Coiiipletion wi1.1
be prior to a certain date feasible td your City Staff (allowing time
for processing) within the 1976-1977 fi.sca1 year.
, It &‘understood that the consultant will. be provided with various
information and data by the City and that such data will form the bace
from which th5.s assignment vi11 proceed. (Boundaries, contoured plot
plan, existing utilities, property surveys and ‘off-site drainage)
It is also unclcrstood t~ia t the landscape arciiitect ’ s conpensation for
services as shoiJ11 in the fee schedules, does not -include:
Reproduction of Contract Documents for department distribution
. and bidding, plan checking fees, permit fees, costs of material
and soil tests, geological investigation os land surveys, specialized
consultants, or costs in connection with unusual problems and
conditions.
Idlienever such services are to be provided or expenses incurred, supple-
mentary compensation should be arranged.
PROJECT OBJECTIVES -
1. To design a Master Development Plnq which will enhance Canyon Park
as a safe and pleasant hunian environment.
To prepare consti:uctioii dociimcnts in such detail to enable sound
implementation by the City’s Park and Recreation Dcpartment .
1
2.
t.
~ , __ __ , __ , ~ . .. . .. - , _. ,. _.. __ .. . . . ,_ . .- , ... . . . .- ... . I._ ..... ". .. .. - . . . . . ~ ,
A _- _-_._ _. ~ ^..... . ,.
PI.tOJRCT API?ROhCJI
A time frame of car1.y Sp1:iiig 1377, tr?s Llentificd j.n tbe :invitation
tiic time necd(:d for processing of tlic pro j cct doouiiicilts th'rough the
various .,City departments, coniniittees apd the Council,
rn%glit reconsider its sc1icduI.e.
Af ter discussion and tentative schcduli.ng with Elr . Joe Spano (City 's
Engineering Department) , the foll.owing Project Vork Schedul-e seems
I
.. letter for commc+ncc-.incnt of construction of Canyon Park. Coiisi.dci-ing
City Staff
, realistically feasible to the City and the Consultant: -_.I
January 25, 1977 Final date for Consultant's proposal.
February 11, 1377. Final agre.en-ient with Consultaiit sel c.cted by
the City.
March 3, 1977 Preliminary Master Ylan and Prel iminary Cost:
Estinates completed for review.
March 15, 1977 Approval by City Steff and the Pal-k and
. pecreation Coinrnit.tee of the preliminary
design and estimate. .. April 1.5, 1977 Plan chnck completed construction dr.-aeings ,
Spc:ci€ica:ions and Final- Cost Estimate.
Play 2, 1977 Final approval oi corrected Plans and Specifi-
cations by City Staff.
Nay 16, 1977 Advertise for Bids.
. June 30, 1977 Award of Contract.
July 11, 1977 Commence construction of the project.
I
November 22, 1977'
February l.G, 1978
Completion of construction based on - + 90
workin$ days.
Completion I4aintenance Period based on & GO
working clays.
i !
' The above i.s a tentative schedule and should processing of the construction . . documents by City Staff be shortened, the Consultant would be abh to
complete the project at an earlier date.
/
.-
..., ~ .. ,., ._. - . ... . ..... . . I .. ... ... . ~ ....,.... ..... .. . .. ,. . . . . .
i
I
I
;
i
i i
1
t
1.
i
!
j
i.
j
i I
i 1
I
i
I
I
c.
..
/
_. .
11.
The compensation fcc consist of a flat liourly rate for the
landscape Architect and technical personnel engaged in the
work, times a niultipl.ier to cover overliead, clerixal and
incidental. costs.
Landscape Archi tcct Princi.pnl's Time
Draft I'erson - $6.00 X 2.5 (rnultiplter)
C1 e rd c a 1 - $4.00 X 2.5 (multiplier)
T r a11 s p o r t a t ion (mi 1 e a ,g c )
Reproduction
$30.OO/hr .
15.OO/hr.
1.0. OO/hr .
.15/rniI.(<
At Cost
Sub-Consul-tant s At Cost f 1-52 (Nancging Fee)
Conpei;-;qn based on percentage of tot21 corstruction cc ;t . -- --
Construction
cost
% Construction
Fee Cost'
x
Fee
'.
i
..
$ 80,000 9.0 ' $160,000 7.4.
85,000 8.8 170,000 , 7.3
90,000 8.6 180,000 7.2 ' 95,000 8.4 190, @00 7.1 ! . ..100,000 w- 8 00 200,000 7.0 I
110,000 7.9 250,000 6.8
120,000 7.8 300,000 6.6 1
14'0,000 7.6 400,000 6.2
150,000 7.5. '500,000 6.0
130,000 7.7 350,000 6.4 1
I I - I. , .I
i NOTE: If construction cost falls above or below hal-f-way Ijetxcen figure&
listed, apply nearest percentage figu1.c shown. _.
Fee Schedule #I1 is subject to change and ncgotiablc after the.
selection of the Consultant and reevauation of all aspects of
the prolj ect .
.. .
PAYPIEN T S
Payinelits for services to be due and payable upon completion of cach
stage of the planning scrvicc or on a month to inonth brisis. In lieu
of Fcc Schedulcs I or 11, the iol.lowing Schedule of Payments is
t
proposed Eo be util.izcd:
I. On comp1ctj.on of the Prel.i.m-irllary Mact.er Plan 45x
II. OAI compl etion of the Norking I)rai~in;.,s & Specificat3 ons 3OX
111. On conp:I etion oE the Administration and Suyeirvi sion 100%
!
-..
,
t
1-
2
3
4
5
6
7
8
9
' 10
11.
12
13
14
15
16
17
18
' 19
20
21
22
2:
24
25
26
27
2e
RESOLUTION NO. 5005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND KATE2 AND
ASSOCIATES FOR DESIGN GF CANYON PARK AND AUTHOR-
IZING THE YLAYOR To EXECUTE SAID AGKEENINT.
The City Coimci.1 of the City of Carlsbad, California,
does .Aereby resolve as follows :
1) That that certain agreement between the City of
Carlsbad and Kater and Associates for the landscape design of
Canyon Park, a copy of which is attached hereto marked Exhibit
"A" and incorporated herein by re€erence is hereby approved;
2) That the Mayor of the City of Carl-sbad is hereby
au.thorized and directed. to execute said agreement €or and on
behalf of thc City of Carlsbad-.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
1977 Carlsbad City Council' held on the 1st day of March -
by the following vote, to wit:
AYES: Counciimen Fr%zee, Lewis, .Skotnicki Packarci and Councilwornat- Casler.
NOES : None.
ABSENT: I\jOne.
ATTEST :
NilRA K. GARDiNER, Depuiy City C (SEAL)
erk .
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
3.8
19
20
2 1"
22
23
24
, 25
26
27
28
AGIIXEMENT FOR ARCHITECTURAL SERVICES FOR THE
LANDSCAPE DESIGN OF CANYON PARK IN THE
CITY OF CRRLSBAD, CALIFORNIA
THIS AGRL2EfiENT made and entered into as of the 1st day of
, 1977 by and between Kater and Associates,
I
Marc h --
Landscape Architect, hereinafter referred to as "Architect" and
the City of Carlsbad, hereinafter referred to as "City. "
WITNESSETH:
WHEREAS, the City owns a parcel of land designated for park
purposes; and
. WHEREAS, the City is desirous of improving this parcel of '
land with recreational equipment, restroom facilities, landscaping,
and parking; arid
WIIEREAS, the firm of Kater and Associates has provided satis-
factory services for the City in the past and has submitted a
proposal in writing to perform the design services; and
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, at the time, and for the compensation
set forth herein;
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I. Scope of architectural services
The Architect will provide professional services for the
3esign and construction of Canyon Park as follows:
1. A grading plan depicting vertical relationship of all
Iroposed facilities and establishing grades for buildings, walkways
EXHIBIT "A"
’1
‘2
3
4
5
6
‘7
8
9
10
11
12
13
14
15
16
17
19
20
21
23
24
25
26
27
28
parktrig arcas, retaining walls, landscaped areas , and drainage
faci ’I-ities.
2, A plot plan showing the horizontal relationship of all
proposed facilities including walkways, parking areas, buildings,
recreational areas, landscaped areas, and utility services.
3. An irrigation plan providing a layout of all piping,
valves, control equipment, sprinkler heads, and related equipment
for irrigation of all planted areas.
4. A planting plan locating and identifying all new plant
materials as well as any to be preserved or removed. The plan
shall include a plant list noting the quantity, size, and variety
of all plantings.
’ 5. A lighting plan shqwing underground conduit and wiring,
pu1.l boxes, light standards, control equipment, construction detail
and circuit diagrams.
6. Construction details showing elevations, cross sections
and details necessary for construction of the facilities in the
park including the restroom facility.
7. The specifications will delineate the type and quality of
311 materials and items to be installed as well as a list of bid
items and the estimated costs.
8. Contract administration to be provided will consist of
issistance to the City in obtaining bids from contractors, in-
;erpreting plans and specifications, evaluating bids, preparing
Aiange orders, and providing inspection work to ensure compliance
tit11 the plans and -pecifications.
9. The landscape architect, upon City approval, may provide
)r cause to be provided, any soil investigations required for the
-2-
.1
'2
3
4
5
6
7
0
9
LO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
t'icsign of the project. Allowance for soil investigations shall be
set forth in Article IV.
10, Project (locumentation (Allowance shall he as set forth in
Article IV) .) The Architect shall furnish the City with the
following as a reimbursable printing expense:
1. Five sets of Schematic Design Phase Documents
2. Five sets of Dcsiyn Development Phase Documents (for
plan check and approval)
3. Twenty-five sets of Construction Documents and Specifi-
cations
4. 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.
ARTICLE XI. City's responsibilities ~.___ and scope of City Staff
1. The City shall provide information as to the requirements
and. program of the project, includLng budget limitations and
s ch e du 1 i n g .
2. The City shall provide, or cause to be provided, site
inforration including grades and lines of streets, pavements and
adjoining properties; rights of way, restrictions, easements I
boundaries, and contours of the projection site; locations,
dimensions of other improvements, if any, and information as to the
available servj-ce and utility lines, both public and private; all
the above to the extent that they are shown in the City's records.
. 3. The City shall provide or cause to be provided, any
testing required for construction.of the project.
4. The City shall notify the Architect of administrative
procedures required and name representatives authorized to act in
3,
i3,
3
4
5
6
'7
8
9
10
11
12
13
14
15
16
17
LE3
19
20
21
22
23
24
25
26
27
28
ART3 CLE 111.
The archi Lectural services specified herein shall begin
FII__I_____-I_ Prorrress and cornnletion
promptly following written authorization by the City.
Completion of Preliminary Master Plan shall be completed
within 30 calendar days.
Completion of working drawings specifications, a~d cost
estimates shall he completed within 60 calendar days.
Completion of construction supervision shall be completed
within 300 calendar days.
ARTICLE IV. Compensation
Fees for architectural services prov ded in Article I of
thks agreement will be determined on the basis of construction
costs.
The following scheaule shall be' used for computing the fee:
Construction Cost
$ 80,000
85,000
90,000
95,000
100,000
110,000
120,000
130,000
140,000
150,000
% Fee
9.0
8.8
8.6
8.4
8.0
7.9
7.8
7.7
7.6
7.5
(b) If the City requires any additional services due to
changes in the scope of the project from Architect,
Architect will be paid an additional sum of 2.5 times
Architect's direct personnel expense. Direct expense
as used h?rein shall include Architect's time at.Twe1ve
Dollars ($12.) per hour, a drafting person at Six Dollars
($6.00) per hour and clerical at Four Dollars (4.00) per
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
,. 36
1 7
18
19
20
' 21.
22
.23
24
25
26
27
.2 8
hour. Said payment sha1.S. not cxcccd One Thousand Dollars
($1,000.).
(c) FOG soil. test and analysis, if required, a maximum fce
of Three Hundred Dollars ($300.) will be paid by the City
(a) For reimbursable expenses, a maximum fee of Five Hundred
Dollars ($500.) will be paid by the City.
ARTICLE V. Guaranteed maximum fee
The guarantezd maximum fee for professional services described
in Arti.cle I shall be $9,000.00.
ARTlCLE VI. Payment of fees -
Charges determined on the basis set forth in Article IV shall
be billed as follows:
Approval of Preliminary Master Plan $3,500
Approval of working plans arid specifications 3,500
Completion of construction Balance
ARTICLE VII. Responsibility of the Architect
The Architect is hired -Lo render a professional service only,
and any payments made to him are compensation solely for such
services as he may render and recormendations he may make in the
course of the project. The Architect makes no warranty, either
expressed or impl.icd, as to his findings , recommendations or pro-
fessional advice other than they were promulgated 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 and
the work done under it at any time without cause by giving the
Architect notice in writing..
In the event of'termination, the Architect shall be paid for
t
1-
2
3
4
8
9
10
3.1
12
13
14
15
16
19
20
%X
22
23
24
25
26
27
28
.- -. I
t.he work accornp1.ir;hed to the da.te of termination in accordance wi.th
Article VII. [Jpon request of the City, the Architect shall asscmnb1
the work product and put same 5.n order for proper filing and
closing and deliver said product to the City.
Architect shall be paid for Said final work, hut in no event shall
the fee for said final work exceed ten percent (10%) of the guaran-
teed maximum fee, nor shall the total fee excced the guaranteed
maximum.
In su& event, the
ARTICLE IX. Status of the Architect
The Architect shall perform the services provided for herei.11
in his own way as an independent contractor and in pursuit of his
independent calling, and not as an employee of the City; and he
shall h& under control of the City only as to the result to be
accomplished and personnel or construction firms to be assigned to
the project, The professional firms to be assigned to the project
shall be subject to approval of City Engineer.
AIiTLCLE X. Confoimifiy I ..- to legal requirerients _--
The Architect shall. cause a1.l drawings and specifications to
conform to all applicable requirements of law, federal, state, and
local. He shall cause the.necessary copies of such drawings and
specifications , together with all necessary supporting documents,
to be filed with any agencies whose approval is necessary,
ARTICLE XI. 0wnershj.p - of documents
All plans, studies, sketches, drawings, and specifications as
herein required are the property of the City whether the work for
which they are made be executed or not.
is terminated, all documents, plans, specifications, and drawings
of the facility shall be delivered forthwith to the City.
In the event this contract
-6- -
I
2
3
4
5
6
7
e
9
10
11
12
13
14
15
16
37
18
19
20
21
22
23
24
25
26
27
28
ARTICLE XII. Hold Ii;;xml.exs Asrccmcnt
The City, its agents, officers, and employees shall not he
liable for any cI.aims, liabilities, pcnalities , fines, or for any
darnage to goods, properties, or effects of any person whatever, nor
for personal injuries to or death of t.hern caused by or resulting
from or claimed to have been caused by or resulting from any act cr
omission of Architect or his agents, employees I or representatives;
Architect further agrees to indemnify and save free and harmless
the City and its authorized agents, officers, and employees against
any of the foregoing liabilities and claims therefor, and any cost
and expense that is incurred by the City on account of any claim
therefor, including claims by reason of alleged defects in the
plans and specifications.
ARTICLE XIII. Assignment of contract
The Architect shall not assign'this contract or any part
thereof or any monies due or to become due thereunder without the
prior written consent of the City.
ARTICLE XIV, Subcontractin4
If the Architect shall subcontract any of the work to be
performed under this contract by the Architect, he shall be fully
responsible to the City for the acts and omissions of his sub-
contractor 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. Nothing contained in this
contract shall create any contractural relationship between any
subcontractor of tk? Architect and the City. The Architect shall
Dind every subcontractor and every subcontractor of a subcontractor
f the terms of this contract applicable to his work unless speci-
1
I2
3
4
5
G
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
f.ica1I.y noted to the contrary in khc .subcontract in question
approved in writing by the City.
ARTICLE X.V. Prohibited interest
No official. of the City who i.s authorized in such capacity
--_--- I._
and on behalf of the Ctty to negotiate, make, accept, or appyove,
or to take part in neTotiating, making, accepting, or approving of.
any architectural, engineering inspection, construction, or
material supply cc.ntract, or any subcontract in connection with
the construction of the project shall become directly or indirectly
interested personally in this contract or in any part thereof. No
officer, 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 interestect personally in this contrac
or any part thereof.
ARTICLE XVI. Verbal aqreement - or conversation -
No verbal agreement or conversation with any off iter , agent,
or employee of. the City, either before, during, or after the exe-
cution of this contract, shall affect or modify any of the terns or
obligations herein contained, nos such verbal. agreement GT conver-
sati.on entitle the Architect to any additional payment whatsoever
under the terms of this contract.
ARTICLE XVII. Successors or assigns
Subject to the provisions of Article XIII, all terms, con-
ditions, and provisions hereof shall inure to and shall bind each o
the parties hereto, and each of their respective heirs, executors,
administrators, successors, and assigns.
’* -8-
I.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
318
19
20
21
22
23
24
25
26
27
20
ART~ICI,): >:VIII.
This coiltract shal% be effective on and from the day and ycar
~,j I'ective _- --- date
first above written.
IN WITI\IESS WHEREOF, we have hereunto set our hands and seals.
ATTEST CITY OF CARLSBAD
Deputy City Clerk
Approved as to form: KATER AND ASSOCIATES
City Attorne-7 V
.
Title
-9-