HomeMy WebLinkAbout1984-12-18; City Council; 8002; Selection of Park Planning ConsultantCIT\ JF CARLSBAD —AGENDA .JILL ^ "
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MTG. 12/18/84
DEPT. Parks
TITLE:
SELECTION OF PARK PLANNING CONSULTANT
DEPT. HD.J25L.
CITY ATTYV 1T>
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RECOMMENDED ACTION:
Adopt Resolution No. *7(ftSta approving an agreement with Recreation Systems,
Inc. to provide park planning and design services for future park development in
Carlsbad.
ITEM EXPLANATION
On October 23, 1984, Council approved the request for proposals for park design
services. Sixty-seven RFP's were sent to landscape architectural firms in San
Diego and Orange Counties. In response to the RFP, the City received nineteen
proposals. A staff screening committee evaluated the proposals. The top five
candidates were invited to an oral interview.
After an extensive evaluation, the interview board has selected the firm of
Recreation Systems, Inc. This decision was based on the abiliity of the
Consultant to work within the professional fee schedule, experience within the
public sector, previous projects and their understanding of the City of
Carlsbad's need for master planning services.
The initial assignment for the Consultant will be to prepare the construction
drawings for Calavera Hills Community Park. Future assignment will involve the
design of additional community parks and special projects such as Community
Centers/Gymnasium or special-use areas. The Consultant will be retained on an
"as needed" basis as long as the City is satisfied with the work.
FISCAL IMPACT
The Consultant's compensation is based upon a negotiated professional fee as
outlined in the RFP. Funds are available for design and construction of the
Calavera Hills Community Park - Phase I.
EXHIBITS
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1. Resolution No. I7f£~£
RESOLUTION NO. 7855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, APPROVING AN AGREEMENT BETWEEN THE CITY
OF CARLSBAD AND RECREATION SYSTEMS, INC. FOR PARK
3 PLANNING AND DESIGN SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.4
5 WHEREAS, the City of Carlsbad and Recreation Systejns, Inc. have reached an
6 agreement regarding Park Planning and Design Services
7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
8 as follows:
9 1. That the agreement between the City of Carlsbad and Recreation Systems,
10 Inc. attached hereto as Exhibit A regarding Park Planning and Design Services is
11 hereby approved.
12 2. That the Mayor of the City of Carlsbad is hereby authorized and
13 directed to execute said agreement for and on behalf of the City of Carlsbad.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
15 City of Carlsbad, California, held on the 18th day of December
16 1984, by the following vote, to wit:
17 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
18 NOES: None
19 ABSENT: None
20
21
MARY H. CASLER, Mayor
22
23
ATTEST:
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25
_ //-/; LAA~ ^V- i'\ c£u^wG/L/Vrw-a
26 ALETHA L. RAUTENKRANZ, City Clerk/
27 (SEAL)
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Exhibit A
To Res No.
AGREEMENT FOR PARKS PLANNING AND DESIGN SERVICES
THIS AGREEMENT, made and entered into as of the _ day of
_ , 19 _ , by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as "City," and
Recreation Systems, Inc. hereinafter referred to as "Consultant."
RECITALS
City requires the services of Recreation Systems, Inc. to
provide parks planning, design servies and construction supervision
services for parks projects in the City of Carlsbad; and
Consultant possesses the necessary skills and qualifications
to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and a Consultant agree as
follows:
(1) CONSULTANT'S OBLIGATIONS
The Consultant shall act in a professional capactiy to
conduct the parks planning and design process as assigned by the
City of Carlsbad. There responsibilities shall include but not be
limited to the following:
A. Program Development
1. Review any existing concept plan and proposed scope
of project improvements with staff and others as
directed;
2. Review physical limitations and opportunities of the
existing site, including configuration, drainage,
external influences, access and relationships with
adjacent properties;
3. Prepare conceptual studies of any proposed
refinements to existing concept plan, including a
narrative report outlining reasons for change, for
review and approval;
i*. Prepare schematic construction plans for entire park
. in accordance with approved concept pian. Schematic
plans shall be in sufficient detail to:
(a) accurately describe scope of all elements;
(b) identify and resolve engineering or construction
problems;
(c) provide cost estimates for the* purpose of
assisting in the determination of construction
phasing to meet budget limitations; and
(d) allow efficient implementation of a phased
program of improvements;
5. Prepare a complete cost estimate breakdown for all
improvements;
6. Prepare a recommended scope for project improvements
consistent with budget llmitatins and functional
requiremeents and submit for review and approval.
B. Construction Plans and Specifications
1. Prepare preliminary construction plans and outline
specifications in sufficient detail to establish
design, materials and scope of project, and submit
for review and approval;
2. Prepare project detailed cost estimate for all
project improvements;
3. Prepare final plans, specifications and bidding
documents for project improvements insufficient
detail to obtain competitive construction bids.
Plans shall incorporate City standards and meet all
Federal, State and local requirements, as necessary;
4-. Consultant shall provide required check prints and
copies of specifications for checking and
processing;
5. Prepare final cost estimate for review and approval;
6. Assist the City in the bidding process and review
qualifications and experience of successful bidders.
C. Construction Observation
1. Review and approve all shop drawings;
2. Provide weekly site visitations (as warranted) and
prepare reports on construction progress and quality,
with recommendations for correction of deficiencies;
3. Review and approve Interim pay requests;
^ . Assist in evaluating and processing change orders;
5. Participate in construction inspections, as
required ;
6. Assist te City in the recruitment, selection and
establishment of responsibilities for a Clerk-of -the-
Works to provide inspection services representing the
City during the construction period.
(2) CITY OBLIGATIONS
The City shall provide or authorize as reimburseable :
A. Boundary and topographic surveys
B. Agronomy soil tests
C. Foundation soil tests
D. Building permits
E. Reproduction of final plans and specifications for bid
process .
(3) PROGRESS AND COMPLETION
The work under this contract for each project will begin
within 10 days after receipt of notification to proceed by the City
and the completion date wilL be negotiated for each project.
Extensions of time may be granted if requested by the Consultant
and agreed to in writing by the Parks and Recreation Director. In
consideration of such requests, the Parks and Recreation Director
will give allowance for documented and substantiated unforeseeable
and unavoidable delays not caused by a lack of foresight on the
part of the Consultant, or delays caused by City inaction or other
agencies' lack of timely action.
FEES TO BE PAID TO CONSULTANT
The City of Carlsbad will negotiate professional fees for
the services rendered based on the following fee schedule:
Estimated Construction Cost or Actual
Construction Cost, whichever is lower Professional Fee
50to S100,0008%
100,000 to 200,000 $ 8,000 + 7.5% in excess of $ 100,000
200,000 to 500,000 15,500 +7% in excess of 200,000
500,000 to 1,000,000 36,500 + 6.5% in excess of 500,000
1,000,000 to 2,000,000 69,000 + 6% in excess of 1,000,000
2,000,000 to 5,000,000 129,000 + 5.5% in excess of 2,000,000
5,000,000 to 10,000,000 294,000 + 5% in excess of 5,000,000
Total fees for each project contract shall be broken down to
15% Schematic Construction Plans, 15% Preliminary Construction
Plans and Outline Specifications; 50% Final Construction Plans,
Specifications and Bid Documents; and 20% Construction
Observation. An hourly basis will be used for consultant services
that cannot be related to the project fee schedule with a not to
exceed amount to be negotiated for given tasks.
(5) PAYMENT OF FEES
City shall make payment to the Consultant as follows:
Ninety percent (90%) of the fees earned for each individual
project pursuant to Section 4 of this agreement shall be paid
within twenty (20) days of delivery of monthly billing based on
services rendered, provided, however, that no fees shall be paid
until the bill has been verified and approved by the Parks and
Recreation Director or his representative.
The remaining ten percent (10%) for each invidual project
will be paid not later than 35 days from the date of the filing of
the Notice of Completion.
(6) CHANGES IN WORK
If, in the course of this contract and design, changes seem
merited by the Consultant or the City, and informal consultations
with the other party indicate that a change in the conditions of
the contract is warranted, the Consultant or the City may request a
change in contract. Such changes shall be processed by the City In
the following manner: A letter outlining the required changes
shall be forwarded to the City or Consultant to inform them of the
proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual ^agreement on the
proposal, a supplemental agreement shall be prepared by the City
and approved by the City Council. Such supplemental agreement
shall not render ineffective or invalidate unaffected portions of
the agreement. Changes requiring immediate action by the _ .
Consultant or City shall be ordered by the Parks and Recreation
Director who will inform a principal of the Consultant's firm of
the necessity of such action and follow up with a supplemental
agreement covering such work.
(7) DESIGN STANDARDS
The Consultant shall prepare the plans and specifications in
accordance with the design standards of the City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
standards and regional standards shall be used where appropriate.
Copies of such standards shall be obtained from the City of
Carlsbad.
(8) CONSULTANT'S EMPLOYEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making this
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agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability, or,
in its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(9) NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondlscrimination.
(10) TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this contract, the
City may terminate this contract for nonperformance by notifying
the Consultant by certified mail of the termination of the
contract. The Consultant, thereupon, has five working days to
deliver said documents owned by the City and all work in progress
to the Parks and Recreation Director. The Parks and Recreation
Director shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the
Consultant has performed which is usable and of worth to the City
in having the contract completed. Based upon that finding as
reported to the City Council, the Council shall determine the final
payment of the contract.
( 11) DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to writing
by the principal of the Consultant or the Parks and Recreation
Director. A copy of such documented dispute shall be forwarded to
both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The Parks and
Recreation Director or principal receiving the letter shall reply
to the letter along with a recommended method of resolution within
ten days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded
to the City Council for their resolution through the office of the
City Manager. The City Council may then opt to consider the
directed solution to the problem. In such cases, the action of the
City Council shall be binding upon the parties involved, although
nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
(12) RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional park planning
and design services and any payments made to Consultant are
compensation solely for such services. Consultant shall certify as
to the correctness of all designs and sign all plans,
specifications and estimates furnished with a landscape Architect's
registration number.
(13) SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering 30 days written notice to the other party. In the event
of such suspension or termination, upon request of the City, the
Consultant shall assemble the work product and put same in order
for proper filing and closing and deliver said product to City. In
the event of termination, the Consultant shall be paid for work
performed to the termination date; however, the total shall not
exceed the guaranteed total maximum. The City shall make the final
determination as to the portions of tasks completed and the
compensation to be made. Compensation to be made in compliance
with the Code of Federal Regulations.
(U) STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in Consultant's own way as an independent contractor and in pursuit
of Consultant's independent calling, and not as an employee of the
City. Consultant shall be under control of the City only as to the
result to be accomplished and the personnel assigned to the
project, but shall consult with the City as provided for in the
request for proposal.
(15) CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting
documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any
other agencies.
(16) OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of the City,
/ o
whether the work for which they are made be executed or not. In
the event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
copy of the plans for his/her records.
(17) HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be
liable for any claims, liabilities, penalties, fines, or any damage
to goods, properties, or effects of any person whatever, nor for
personal injuries or death caused by, or resulting from, or claimed
to have been caused by, or resulting from, any act or omission of
Consultant or Consultant's agents, employees or representatives.
Consultant agrees to defend, indemnify and save free and harmless
the City and its authorized agents, officers, and employees against
any of the foregoing liabilities or claims of any kind and any cost
and expense that is incurred by the City on account of any of the
foregoing liabilities, including liabilities or claims by reason of
alleged defects in any plans and specifications, unless the
liability or claim is due, or arises out of, solely to the City's
negligence .
(18) ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part
thereof or any monies due thereunder without the prior written
consent of the City.
(19) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant shall
be fully responsible to the City for the acts and omissions of
Consultant's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant Is for the
acts and omissions of persons directly employed by Consultant.
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant and the City.
The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract
applicable to Consultant's work unless specifically noted to the
contrary in the subcontract In question approved in writing by the
City.
(20) PROHIBITED INTEREST
No official of the City who is authorized In such capacity on
behalf of the City to negotiate, make, accept, or approve, or take
part in negotiating, making, accepting, or approving of any
architectural, engineering inspection, construction or material
supply contractor, or any subcontractor 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 Interested personally In this
contract or any part thereof.
(21) 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 contained nor such verbal agreement or
conversation entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
(22) SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (17), Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors and
assigns.
(23) EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written.
(2M CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad. The Consultant shall
report investments or interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
Mayor
Title
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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