HomeMy WebLinkAbout1990-05-08; City Council; 10620; LAKE CALAVERA GOLF COURSE: APPROVAL OF DESIGN, WATER RESOURCE, AND LAND SURVEYING CONSULTANT SERVICE CONTRACTS5 4
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A preliminary golf course plan including a course routir plan, site layout, utility system and service plan ar related golf course features.
and landscaping plans.
All preliminary and final grading, drainage, irrigation
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0 Incorporation of environmental and geotechnical studie
Preliminary planning/programming of a proposed golf cour
reports, and recommendations.
clubhouse and maintenance facility.
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0 Construction of a scale model of the proposed project.
0 All construction plans, specifications, and contra
documents necessary to competitively bid the constructi of the project.
environmental permits and approvals.
Assistance in securing all building, grading, a
0 Assistance during construction and course maturation,
Staff recommends approval of the attached architectural desi agreement for the proposed Lake Calavera Golf Course project.
Additionally, City staff has met with Carlsbad Municipal Wat
District staff to discuss alternatives for supplying water to t
golf course. Options regarding the identification of a wat
source or sources for the project include the following:
0 Reclaimed water or other non-potable resources.
0 Ground water through on-site wells.
Capture and use of local drainage runoff
Use of potable water as the lowest priority.
0 in Lake Calaver
To investigate, report, and recommend alternatives for appropria
water resources for the golf course, staff has negotiated
agreement and recommends the retention of Mr. Linden Burzell. I!
Burzell is a former member of the Regional Water Authority, a
highly recommended by CMWD as an expert with local knowledge
this field having performed several similar studies for other loc public and private concerns. Staff recommends the approval of t
attached consulting agreement for water resource consultati
services.
Staff also recommends approval of the attached consulting agreeme with the Rick Engineering Company to perform necessary fie surveying and map recordation services. A detailed field sum and Record of Survey Map will be prepared to establish all proper corners, interests, and related ownership and development issue
Utilization of the Lake Calavera site for the construction of t
proposed municipal golf course will be a complex venture. 'I
City's environmental consultants for the project have identifi
several sensitive areas within the proposed site, the impact of
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which will require the development of offsetting mitigation area, The project will require formal permits from the United States Ar: Corps of Engineers and the State of California, Department of Fi and Game. Additionally, the project will require major gradi activities, utility relocations, complicated sewer and storm dra systems, development of temporary and permanent access points a internal roads, and a sensitivity to the surrounding residenti
areas.
The established golf course timeline/schedule identifies t construction to occur in late 1991 through 1992 with seeding a
maturation to require eight (8) to ten (10) months. The targ date for completion of the project and the beginning of play January 1, 1993.
FISCAL IMPACT:
On August 15, 1989, City Council appropriated $250,000 f environmental studies, a preliminary golf course layout, a soi report, and a real property appraisal.
The following encumbrances and expenditures have been made to dat
Preliminary Geotechnical Report $ 7,045
Preliminary Environmental Studies and EIR 52 , 000 Property Appraisal 6,000
Title Report 3,750 Topographic Maps 6,625 Administration 1,017
TOTAL $ 76,437
Previous Appropriation $250 , 000
Less Encumbrances and Expenditures to Date 76.437
Remaining Funds Available $173 , 563
The following is an updated estimate of project design costs ba:
upon the assemblage of the consulting agreements and identificatl
of other project development costs:
Land Acquisition $ 30,000 Land Surveying 16 , 800
Golf Course Design Architect 659 , 250
Geotechnical Testing 25,000
City Administration and Project Management 50,000 Environmental Consultation Services 25 , 000 Project Development Contingency 50,000
Subtotal $866 , 050
Water Resource Services 10,000
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Subtotal of Existing Expenditures (above) $ 76.437
Total Estimated Design Costs $942 , 487
Total Appropriations to Date $250,000
Additional Project Funds Required $692 , 487
One small parcel of land totaling approximately 1.28 acres locat in the middle of the project site is not owned by the City. Th parcel needs to be acquired in order to facilitate the design a. construction of the project. The estimated cost of acquiring tl parcel is included in the project budget above.
Staff anticipates the need for further and more detail4 geotechnical studies and recommendations on the project. The!
funds have also been identified in the project design budget whic will enable the City to make more informed decisions regarding tl final course layout and provide more detailed constructic estimating.
Staff further anticipates the need for additional environmentl consulting services to assist in permit processing and coordinatic
of the necessary regulatory agency approvals required of tl project. These funds also have been identified in the projec design budget.
The attached letter from the Finance Director dated February 2(
1990, explains the funding program for the golf course project In general, the City intends to fund the construction of the cour: through the issuance of bonds supported by General Fund revenuc In concept, the commitment of general funds is limited to tl
amount of additional funds provided from the 2% increase in the T(
authorized by Proposition F in 1989. The table in the Financ
Director's memo shows the estimated funds available to suppoi
design and debt service payments during the next five (5) year:
Current plans call for the project construction costs to toti
approximately $7.5 million including all design, environmental ar construction costs. Construction alone is expected to cost frc
$6.5 to $6.8 million. The City Council appropriated $250,000 fc preliminary design during 1989-90. The proposed action wi: appropriate an additional $692,000 for final design and a variel of related studies.
The estimated Prop F revenues available to support the project wil eventually provide sufficient funds time to meet the expect€ project needs. However, the proposed funding of design cost during 1989-90 will require the temporary allocation of genere funds in excess of current Prop F revenues to the project. Thes
funds may be returned to the General Fund at the beginning of 199C
91 (approximately two (2) months from now).
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1989-90 1990-91 1991 -92 1992-93 1993-94
0 0 S 267,000 S 227,000 S 222,oo Beginning Fund Balance
Estimated Revenues S 450,000
Loan From General Fund S 493,000
Appropriations
S 760,000 S 810,000 S 845,000 S 890,OO
Preliminary Design/EIR (77,000)
Design and Studies (866,000)
(850,000) (850,000) ( 850,OO Debt Service Payments
Repayment of General
Fund Loan (493,000)
Ending Balance 0 S 267,000 S 227,000 S 222,000 S 262,OO
Based on the above cost projections, the estimated cash flow fr Prop F revenues will be sufficient to support the developme
costs. The Council should understand that the final developme costs will depend upon the extent of grading, environmental a
geotechnical mitigation. The proposed design program will provi the necessary information to assess these portions of the projec Council should also understand that the final project costs cann be confirmed until design and related studies are complete. T magnitude of the mitigation required to make the site developab
will determine the ultimate project costs.
Council should also be aware that Prop G which directed the Ci to proceed with the development of recreational facilities includ
more than golf courses. Past reports to the Council indicated t City's intent to use both existing park funding and Prop F fundi
to support tennis, soccer and other recreational facilities.
Staff will also be investigating ways to reduce the net cost of t
course to the City during the design phase of the project. The alternatives will include: a) A fee structure that will allow t
payment of a portion of the debt service cost from fee revenue b) Selecting an operator who will invest private capital in t course in the form of buildings or other improvements (pro sho club house, maintenance buildings, cart storage, etc.). An economic review of the course operations is currently bei prepared by Economic Research Associates and will be presented Council when complete.
The staff recommends that the Council approve the transfer
$493,000 from the General Fund balance to the Lake Calavera Go Course Fund to temporarily support this project. Further, Counc should direct staff to repay the General Fund during 1990-91.
addition, by adopting the attached resolution, Council will
creating the Lake Calavera Golf Course Enterprise Fund which wi
be used to account for the construction and operations of t
course upon its completion.
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EXHIBITS :
1. Location map.
2. Resolution No. ,ffl-/fK, approving a golf course architectur
consulting agreement, a water resource consulting agreement,
land survey consultant agreement, and appropriation of proje funds .
3. Finance Director's memorandum dated February 28, 1990.
4. Golf Course Architectural Agreement.
5. Water Consulting Agreement.
6. Land Survey Consultant Agreement.
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LOCATION MAP A i
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LEGEND
........ .............. :;$s PROJECT SITE ....... .............. .......
FUTURE ROADS ----
w PROJECT NAME PROJECT # E:
CALAVERA GOLF COURSE 3342
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RESOLUTION NO. 90-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY 0 CARLSBAD AND DON COLLETT AND ASSOCIATES FOR GOLF COURS DESIGN SERVICES; LINDEN BURZELL, CIVIL ENGINEER, FO
WATER CONSULTING SERVICES; RICK ENGINEERING COMPANY CIVIL ENGINEERS, FOR LAND SURVEYING SERVICES; AN
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS ANI
APPROPRIATING PROJECT FUNDS AND CREATING THE LAK;
CALAVERA GOLF COURSE ENTERPRISE FUND
WHEREAS, the City of Carlsbad and Don Collett and ASSO(
have reached an agreement regarding golf course design sen
and
WHEREAS, the City of Carlsbad and Linden Burzell have rc
an agreement regarding water resource consulting services; E
WHEREAS, the City of Carlsbad and Rick Engineering Cc
have reached an agreement regarding land surveying services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2, That the agreement between the City of Carlsbad an
Collett and Associates regarding golf course design servicc
hereby approved.
3. That the agreement between the City of Carlsbad
Linden Burzell regarding water resource consulting service
hereby approved.
4. That the agreement between the City of Carlsbad and
Engineering Company regarding land surveying services is he
approved.
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5. That the Mayor of the City of Carlsbad is hc
authorized and directed to execute said agreements for ar
behalf of the City of Carlsbad. Following the Mayor's sign(
of said agreement, the City Clerk is authorized and directt
forward two (2) signed copies of each agreement to the Muni
Projects Department for processing.
6. That the Finance Director is hereby authorized
directed to create the Lake Calavera Golf Course Enterprise
for the purpose of accounting for the design and constructi
the Lake Calavera Golf Course.
7. That the amount of $450,000 is hereby transferred
the General Fund to the Lake Calavera Golf Course Fund represe
the 1989-90 General Fund contribution to the golf course pro
8. That the Finance Director is hereby authorizec
directed to transfer all costs, appropriations, and transac
related to the golf course project from the General Fund t
Lake Calavera Golf Course Fund.
9. That funds in the amount of $493,000 are approved
transferred from the Unappropriated Fund Balance of the GE
Fund to the Lake Calavera Golf Course Enterprise Fund an
amount of $693,000 is hereby appropriated to the Project Ac
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for said project, and that these funds shall be returned tc
General Fund as soon as possible during the 1990-91 fiscal 1
PASSED, APPROVED AND ADOPTED at a regular meeting of
Carlsbad City Council held on the 8th day of May
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council Member Pettine
v kkAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L, RAUTENKRANZ, City tlerk
(SEAL)
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5" February 28, 1990
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Parks & Recreation Direc Q. or
TO: CITY MANAGER
FROM: Finance Director
GOLF COURSE CONSTRUCTION BUDGET
We have prepared this memo in an effort to provide the City Manager and Coun with the best information available on the cost to construct an 18 hole g
course at the Lake Calavera site. This information should be used by the C staff and Council when discussing the costs and funding vehicles related to course.
General Project Descri Dtion
The following activities will be carried out as part of this project:
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0 Construct club house
0 Purchase furniture, fixtures and equipment
0 Construct maintenance building and yard
0 Construct cart storage building
0 Construct access roads and utilities on the site
0 Construct driving range
0 Construct practice putting green
0 Design, inspection and contract administration
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Construct an 18-hole regulation length course
Prepare environmental, geotechnical , water resource and prel imir
f i nanci a1 stud i es
The above items are considered to be part of the "Basic" course developn plan. Any discussion of amenities beyond this list would be considc additional features which may require additional funding.
Cost Projection
Since 1987, the staff has prepared a series of cost projections for development of this course. The 1987 cost estimates for the course L
$7.5 million for construction (excluding any operating costs). In Augt
1987, projections ranging from $8 to $10 million for total course developn were provided to the Council as they considered development strategies.
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4 I 1 *- Golf Course Construction Budget February 28, 1990 Page No. 2
Most recently, a review of the course development costs again showed the price tag should range from $7 to $8.5 million for the basic prc described above. Based on this review, staff recommends that the continue to use a median price of $7.5 as the target for basic c( development .
The projected costs for development do not allow for possible major unkr such as unusual grading conditions, soil problems, environmt complications or access problems. Costs related to these items cannc provided until the preliminary design is complete and the EIR is submit If the site has a minimum of unusual conditions, the cost estimate st
be within the projected range. However, major cost swings can be guarar from grading issues, or the scope and extent of environmental constr: and 1 andscape designs.
Fundinq Options
The Recreation Facilities Financing Committee, which met during early evaluated a variety of ways of funding the construction of a golf COI Their recommendations resulted in ballot Propositions F and G which approved by the voters in June, 1989. These measures approved construction of various recreational facilities with general fund money increased the flow of funds to the fund by increasing the Transient Occu Tax rate from 8% to 10%.
These actions provided additional funds that could be used to pay service related to the development of recreational facilities wil impairing the general funds fiscal position. The table below show: additional revenue available to the general fund provided by the Propos F tax increase.
Fiscal Additional Reven& Year (@ 5% Growth Rate) (@ 10% Growth Rat!
1989-90 $450,000 $ 450,000
1990-91 760,000 800, 000
1991-92 810,000 880, 000
1992-93 845, 000 970,000
1993-94 890,000 1,068,000
Construction of the course is scheduled to begin in 1991-92. The City SI consider issuing bonds to fund the project during that same year. available for construction assuming no bond size enhancement techn (such as escrowed bonds, capitalized interest or increasing debt se schedules) are used will depend on the availability of funds as shown a
A tax exempt COP issue due in 1991-92 would yield $7 to $7.5 million i City committed only the funding available in that fiscal year and as no growth in the funding source in succeeding years. If the City advantage of various techniques to increase the size of the constru fund, the bond issue could yield $7.2 to $8.2 million.
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L I i .' Go1 f Course Construct ion Budget February 28, 1990 Page No, 3
In addition, the City may want to consider .the possibility of bring course developer to the table who is willing to invest the developer'. funds in the project. This alternate funding method could be used in i where amenities have been excluded from the design because of lack of fur or a hesitancy to spend tax dollars on certain types of improvements. could include a putting course, golf school, or banquet hall/restaurai
Recommendation
The basic course design and cost projections shown above, using the million construction cost estimate, should form the foundation for discussion of this project with architects, Council members or the put Staff will continue to review funding alternatives, project costs and dc. options with the Manager, Council and citizens committees as the pro evolves. Staff further recommends that we delay asking Council to se official budget through Council action until the preliminary design has completed and may uncertainties have been eliminated.
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AGREEMENT FOR
LAKE CALAVERA GOLF COURSE DESIGN
THIS AGREEMENT, herein referred to as the IfAgreement florll
Contractf1 made and entered into as of the day of I
1990, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as ffCity,ff and DON COLLETT AND ASSOCIATES,
hereinafter referred to as flConsultant.tl
RECITALS
City requires the services of a golf course consultant tc
provide the necessary planning, design and construction inspection
assistance for the development of the Lake Calavera Golf Course:
and
Consultant possesses the necessary skills and qualification:
to provide the services required by the City:
NOW, THEREFORE, in consideration of these recitals and tht
mutual covenants contained herein, City and Consultant agree a:
follows:
1. CONSULTANT'S OBLIGATIONS
PHASE I - PRELIMINARY GOLF COURSE PLAN
Consultant shall provide a Preliminary Golf Course Plan fo:
the City of Carlsbad's Lake Calavera Golf Course in accordance wit
the following Scope of Services:
A. Preliminary Environmental Documents:
Review and analyze preliminary environmental document
prepared for the project as provided by the City. Incorporate
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opportunities and constraint issues identified in the environmental
documents into the Preliminary Golf Course Plan.
B. Revised Preliminary Golf Course Routinq Plan:
Revise the preliminary golf course routing plan based upon the
environmental constraints map and geotechnical data furnished by
City. Determine the location of all tees, greens, fairway
boundaries, centerlines, water features, bridge(s), practice range,
night lighted facilities, practice greens, and the lesson/clinic
practice tee areas. Identify the location of the golf clubhouse,
maintenance building, parking lots, course restrooms, golf car
paths, primary and secondary roads and related golf coursc
facilities and ancillary future recreation uses.
C. Preliminary Gradinq Plan:
Include all elements of the grading and drainage requirements
as set forth in the golf course Request for Proposal document 01
otherwise required by the City of Carlsbad. Provide field suweq
to locate the perimeter of environmentally sensitive areas. This
survey is to show "limits of grading" unless otherwise mitigated.
D. Preliminary Golf Course Landscape Plan:
Determine tree locations and species types to indicate
screening and other landscape treatments for the golf course.
Show a preliminary revegetation plan for any impactec
areas designated sensitive or protected by the environmental
documents and other reports and studies.
E. Preliminary Geotechnical Reports:
Review and analyze preliminary geotechnical reports for thc
project as provided by the City. Incorporate opportunities an(
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constraint issues identified in the geotechnical reports into tb
Preliminary Golf Course Plan, Grading, and Drainage plans.
F. Preliminary Planninq/Proqramminq of Clubhouse an
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Maintenance Buildinq:
Work with the City's Golf Course Committee and City Staff i
establishing preliminary design guidelines for the clubhouse an
maintenance buildings including approximate size, use and spac
requirements, and location and size of parking lots. Develop
site plan for City Planning Department approvals.
G. On-Site Water Sources and Storage Capabilities:
Analyze and recommend water sources, golf course wate.
requirements, and storage capabilities based on a report by thl
city water consultant. Water consultant fees are not a part o
this agreement.
H. Hydroloqical Study and Map:
Perform a hydrological study along the major drainage coursc
and develop mitigation alternatives.
Prepare a 100-scale hydrology map with calculations of thc
developed area.
I. Preliminary Utility System and Service Plan:
Coordinate with utility companies and identify utility service
points.
J. Scale Model of Entire Facility:
Construct a detailed scale model of the entire facility
including all elements of the golf course, building structures,
lake(s), surrounding terrain, roads and bridges, and other facility
elements as depicted in the Preliminary Golf Course Plan.
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K. Preliminary Project Construction Costs:
Prepare a preliminary cost estimate for the project.
L. Golf Course Planninq and Desiqn Time Line:
Prepare and maintain a golf course planning and design time
line schedule for all elements of the planning and design of the
golf course project. The golf course planning and design time line
schedule shall utilize the milestone dates established in attached
Exhibit A, incorporated by reference and made a part hereof. The
golf course planning and design time line schedule shall bc
developed and submitted to the city within ten (10) working days
following the execution of this agreement. The golf cours4
planning and design time line schedule shall be reviewed by thc
City prior to its formal acceptance by City, the approval of whicl
shall not be unreasonably withheld.
M. Golf Course,Construction Time Line:
Prepare and maintain a golf course construction time lin
schedule for the construction of the golf course, includin
clubhouse and maintenance buildings. This golf course constructio
time line schedule for the construction of the project shall b
developed and submitted to the City within ten (10) working dal
following execution of this agreement. The golf cour:
construction time line schedule shall be reviewed by the City pric
to formal acceptance by the City, the approval of which shall nc
be unreasonably withheld.
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N. Attendance at Meetinas:
Attend such meetings with City staff, citizen advisory group:
and attend public hearings as may be required to facilitate th
formal City acceptance of all Phase I work.
PHASE I1 - DESIGN:
In the Phase I1 design portion of the project, the Consultar
shall prepare all plans and specifications, detailed constructic
documents and other design requirements necessary for the City c
Carlsbad to formally and competitively bid the construction of th
golf course. Consultant shall not proceed with the Phase I
portion of the project without prior written notification t
proceed from city. The following elements are included:
A. Final Environmental, Water Source, and Geotechnica
Reports :
Develop, review and incorporate into the final desigi
documents, the golf course environmental, water source, an(
hydrological studies to determine water surface elevations alonc
the major drainage course. This study will identify effects 0:
golf course grading and wetlands mitigation requirements. Finalize
100-scale hydrology map.
B. Final Construction Documents
Prepare all final construction documents in accordance wit1
the approved Preliminary Golf Course Plan (as outlined in Phase I),
and the City of Carlsbad policies and design standards. This will
include preparation of revegetation plans in accordance with the
EIR. Final submittal shall include one (1) set of camera-ready
detailed specification documents and one (1) set of original design
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plans on mylar. one for
rough grading, and one for fine grading and all related golf course
improvements. Mass/rough grading plans and finish grading plans
from the Consultant will be presented on D-size sheets for city
approvals.
Two bid document sets will be prepared:
C.
Develop separate grading plans for surcharge fills if
necessary to fast-track structural fills over compressible soils.
The City of Carlsbad shall provide a Soils Engineer who will
provide reports that identify areas where surcharge fill is needed.
Surcharse Gradinq Plans and Erosion Control:
Develop erosion control plans.
D. Utility Plans:
Provide street, water, sewer, drainage, and other utility
plans. Coordinate with the appropriate utility agencies all
elements of the utility plans including location of potential sewer
pump station. Provide sewer pump station plans and specifications
if a pump station is required.
E. Buildins and Gradinq Amrovals/Permits:
City of Carlsbad shall secure all utility and golf coursc
grading approvals and permits as required by government agencies
including any processing through environmental review agencies and
the State Division of Dam Safety. Consultant shall provide thc
City of Carlsbad the plans, specifications, reports, and any other
data required to obtain said permits and approvals and shall bc
available as needed to attend meetings related to permits,
authorizations, and any and all other project approvals. City 01
Carlsbad projects are no-cost permit fee applications. The Cit!
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of Carlsbad shall be responsible for all costs associated wit
utility connection and service fees during construction.
F. Landscapinq
Develop landscape and irrigation plans for all developel
areas.
G. Attendance at City Meetinss:
Consultant shall meet with City staff, citizen advisor:
groups, and attend public hearings as may be required to facilitatc
and complete the design of the project.
H. Detailed Proiect Construction Costs:
Provide a detailed construction cost estimate for the project
PHASE I11 - GOLF COURSE CONSTRUCTION OVERSIGHT:
The City shall be responsible for competitively bidding thc
project and awarding construction bids. The City also shall
provide an on-site resident inspector. Consultant shall work ir
conjunction with City's resident inspector and any other authorizec
City representatives in providing on-site inspection assistance tc
ensure that construction is being carried out in accordance witk
the approved plans and specifications. Consultant shall not
proceed with Phase I11 work without prior written notification tc
proceed by City. Consultant will perform this work if the City
Council approves construction of the project. The Consultant's
role shall include the following:
A. Prepare bid addendums where necessary during bid period.
City of Carlsbad shall distribute addendums to prospective bidders.
Attend pre-bid meeting and respond to telephone questions B.
during bid preparations.
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C. Assist the City with review, analysis, and
recommendations regarding construction bids.
D. Attend the pre-construction meeting.
E. In cooperation with the City's resident inspector,
Consultant shall inspect construction of the golf course including
rough grading operations, irrigation, golf cart path installation,
finish grading, landscaping, planting and seeding operations,
maturation, and otherwise ensure the golf course has been
constructed in accordance with the approved plans and
specifications.
F. Attend bi-weekly project meetings during construction anc
prepare agenda and addenda as required.
G. Respond to all project RFI's submitted by contractors,
suppliers, manufacturers, and related project inquiries.
H. Review and approve shop drawings , manufacturinc
specifications, and related project inquiries.
I. Consult and advise with the City regarding constructioi
status and make recommendations where appropriate regardinc
potential modifications.
J. Review all monthly progress payment submittals and mak
recommendations to City regarding approval.
K. Be available as required by City during construction
City shall make its best efforts to provide sufficient advanc
notice to Consultant regarding unscheduled site visits.
ADDITIONAL SERVICES
In the event the City desires Consultant to perform addition:
services beyond those services outlined herein, the City will 1
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billed for the additional services at the hourly rates i
accordance with attached Exhibit B incorporated by reference an
made a part hereof. For the purposes of this agreement, the hour1
rates identified by Consultant in attached Exhibit B shall remai
in full force and effect for the life of this contract and shal
not be modified without prior written approval of City.
LEAD CONSULTANT
The lead consultant will be Don Collett & Associates (ttDCAtt)
an experienced golf course planning and development f irn
headquartered at 11545 West Bernard0 Court, Suite 100, San Diegc
California 92128. DCA will direct and coordinate all aspects c
the golf course planning and design.
SUB-CONSULTANTS
The following is a list of sub-consultants who will provic
professional services to Don Collett & Associates for the plannir
and design of the Lake Calavera Golf Course - City of Carlsbad.
GOLF COURSE DESIGN: TED ROBINSON GOLF COURSE ARCHITECT
352 Third Street, Suite 301
Laguna Beach, CA 92651
(714) 497-5501
ENGINEERING: CROSBY MEAD BENTON & ASSOCIATI
5966 Laplace Court, Suite 17( Carlsbad, CA 92008
Attn: George Benton (619) 438-1210
LANDSCAPE DESIGN & KAWASAKI THEILACKER UENO PLANNING: ASSOCIATES
6165 Greenwich Drive, Suite 2( San Diego, CA 92122
(619) 452-2828 Attn: Kurt Carlson
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GOLF COURSE IRRIGATION GORDONS IRRIGATION CONSULTING DESIGN: 23011 Moulton Parkway,
Suite D-11
Laguna Hills, CA 92653
Attn: Roger Gordon
(714) 770-2910
GOLF COURSE LAKE DESIGN: J. HARLAN GLENN & ASSOCIATES
529 West Blueridge
Orange, CA 92665
(714) 998-8330 Attn: Desmond F. Stevens
2. CITY OBLIGATIONS
The City shall:
A. Process documents through environmental review agencie
and the State Division of Dam Safety.
B. Pay all costs for utility connection and service fee
during construction.
C. Provide guidelines for the clubhouse and maintenanc
buildings, including approximate size, use and space requirements
and location of parking lots.
D. Provide services and materials for bidding and awardin
the construction contracts.
E. Distribute construction plan addendums.
F.
G.
H.
I. Provide environmental consultant services.
Pay all costs for permit fees.
Provide all soils engineering services.
Provide water supply consultant services.
3. PROGRESS AND COMPLETION
The work under this Contract will begin immediately up(
contract approval by the City and be completed in accordance wii
the attached Project Milestone Schedule, Exhibit A. Extensions q
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time may be granted if requested by the Consultant and agreed tc
in writing by the City Manager or his designated representative.
In consideration of such requests, the City Manager 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.
4. FEES TO BE PAID TO CONSULTANT
Fees shall be payable according to Paragraph 5, "Payment o
Fees." No other compensation for services will be allowed excep
those items covered by supplemental agreements per Paragraph 7
IIChanges in Work, If in accordance with consultants fees, attachec
Exhibit B.
Fees for services rendered under this agreement shall be pail
by City to Consultant as follows:
COST OF PHASE I: $134,250
COST OF PHASE 11: $439,500
COST OF PHASE 111: $ 85,500
TOTAL COST OF PHASES I, 11, & 111: $659,250
5. PAYMENT OF FEES
Payment of fees shall be monthly in accordance with th
progress of work as approved by the City. Consultant shall be pai
based on the percentage of work completed. Consultant shall submi
to the City a monthly invoice for services performed under thi
Agreement as well as the percentage of work that has been complete
to the date of the invoice. The City agrees to pay for tk
progress of work as approved by the City within thirty (30) dab
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of the date of the invoice. Within ten (10) working days ol
execution of this contract, City shall pay Consultant the sum oj
$50,000 as a retainer. Said funds shall be applied to the monthl:
invoices for services rendered under Phase I of this contract unti:
such time as said amount would otherwise have been due Consultants
6. FINAL SUBMISSIONS
Within five (5) days of completion and approval of the fina:
design, the Consultant shall deliver to the City the followinc
items:
A. Original mylars at scale of the drawings reproducible o
standard 24" by 36" sheets. Blank mylars will be provided by th
City.
B. All final engineering certifications and documents. Th
plans shall be signed by a Registered Civil Engineer and/o
Registered Landscape Architect, as appropriate.
7. CHANGES IN WORK
If, in the course of this Contract, changes seem merited b
the Consultant or the City, and informal consultations with th
other party indicate that a change in the conditions of th
Contract is warranted, the Consultant or the City may request
change in Contract. Such changes shall be processed by the Cit
in the following manner: A letter outlining the required changt
shall be forwarded ta the City by Consultant to inform them of tf
proposed changes along with a statement of estimated changes :
charges or time schedule. After reaching mutual agreement on tl
proposal, a supplemental agreement shall be prepared by the Cil
and approved by the City Council. Such supplemental agreemei
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shall not render ineffective or invalidate unaffected portions oj
the agreement. Changes requiring immediate action by thc
Consultant or City shall be ordered by the city Manager or hi:
designated representative who will inform a principal of thc
Consultant's firm of the necessity of such action and follow u
with a supplemental agreement covering such work.
8. DESIGN STANDARDS
The Consultant shal.1 prepare the plans and specifications il
accordance with the design standards of the city of Car-sbad an(
recognized current design practices. Applicable City of Carlsba
Standards and Regional Standards shall be used where appropriate
Copies of such standards shall be obtained from the City o
Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed 0
retained any company or person, other than a bona fide employe
working for the Consultant, to solicit or secure this agreement
and that Consultant has not paid or agreed to pay any company 0
person, other than a hona fide employee, any fee, commission
percentage, brokerage fee, gift, or any other consideratio
contingent upon, or resulting from, the award or making of thi
agreement. the Cit
shall have the right to annul this agreement without liability, or
in its discretion, to deduct from the agreement price o
consideration, or otherwise recover, the full amount of such fee
commission, percentage, brokerage fee, gift, or contingent fee.
For breach or violation of this warranty,
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10. NONDISCRIMINATION ClLAUSE
The Consultant shall comply with the State and Federal
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute
deliver, or perform the work as provided for in this Contract, thc
City may terminate this Contract for nonperformance by notifyinc
the Consultant by certified mail of the termination of thl
Contract. The Consultant, thereupon, has five (5) working days t
deliver said documents owned by the City and all work in progres
to the City Manager. The City Manager shall make a determinatio
of fact based upon the documents delivered to City of th
percentage of work which the Consultant has performed which i
usable and of worth to the City in having the Contract completec
Based upon that finding as reported to the City Council, tk
Council shall determine the final payment of the Contract.
12. DISPUTES
If a dispute should arise regarding the performance of WOI
under this agreement, the following procedure shall be used t
resolve any question of fact or interpretation not otherwir
settled by agreement between parties. Such questions, if thc
become identified as a part of a dispute among persons operati.
under the provisions of this Contract, shall be reduced to writi.
by the principal of the Consultant or the City Manager. A copy 1
such documented dispute shall be forwardedto both parties involv
along with recommended methods of resolution which would be
benefit to both parties. The City Manager or principal receivi
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the letter shall reply to the letter along with a recommended
method of resolution within ten (10) days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a lettei
outlining the dispute shall be forwarded to the City Council foi
their resolution through the Office of the City Manager. The Cit]
Council may then opt to consider the directed solution to thc
problem. In such cases, the action of the City Council shall bc
binding upon the parties involved, although nothing in thi!
procedure shall prohibit the parties seeking remedies available t
them at law.
13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services o
planning, designing, and inspection assistance for the constructio
of the City of Carlsbad's Lake Calavera Golfs Course and ar
payments made to Consultant are compensation solely for SUC
services. Consultant shall certify as to the correctness of a1
designs and sign all plans, specifications, and estimates furnish€
with a Registered Civil Engineer's number, (or Landscar
Architect's registration number.)
14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upc
tendering thirty (30) days written notice to the other party. '
the event of such suspension or termination, upon request of tl
City, the Consultant sh,all assemble the work product and put sal
in order for proper filing and closing and deliver said product
City. In the event of termination, the Consultant shall be pa
for work performed to the termination date; however, the tot
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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.
15. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for hereir
in Consultant's own way as an independent Contractor and in pursuit
of Consultant's independent calling, and not as an employee of thc
City. Consultant shall be under control of the City only as to the
result to be accomplished and the personnel assigned to thi
project, but shall consult with the City as provided for in thl
request for proposal.
The Consultant is an independent contractor of the City. Th
payment made to the Consultant pursuant to this contract shall b
the full and complete compensation to which the Consultant i
entitled. The City shall not make any Federal or State ta
withholdings on behalf of the Consultant. The City shall not b
required to pay any workers' compensation insurance on behalf c
the Consultant. The Consultant agrees to indemnify the City fc
any tax, retirement contribution, social security, overtin
payment, or workers' compensation payment which the City may 1
required to make on behalf of the Consultant or any employee of tl
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of tl
Immigration Reform and Control Act of 1986 and shall comply Wi.
those requirements, including, but not limited to, verifying t'
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eligibility for employment of all agents, employees, subcontractors
and consultants that are included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications tc
conform to all applicable requirements of law: Federal, State an(
local. Consultant shall provide all necessary supportin
documents, to be filed with any agencies whose approval i
necessary.
The City will provide copies of the approved plans to an
other agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, an
specifications as herein required are the property of the City
whether the work for which they are made to be executed or not
In the event this Contract is terminated, all documents, plans
specifications, drawings, reports, and studies shall be deliver€
forthwith to the City. Consultant shall have the right to make or
(1) copy of the plans for his/her records.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable fc
any claims, liabilities, penalties, fines, or any damage to goods
properties, or effects of any person whatever, nor for person
injuries or death caused by, or claimed to have been caused by, 1
resulting from, any intentional or negligent acts, errors or
omission of Consultant or Consultant I s agents, employees, 1
representatives. Consultant agrees to defend, indemnify, and sa
free and harmless the City and its officers and employees again
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any of the foregoing liabilities or claims of any kind and any cos'
and expense that is incurred by the City on account of any of th
foregoing liabilities, including liabilities or claims by reaso
of alleged defects in any plans and specifications.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any par
thereof or any monies due thereunder without the prior writte
consent of the City.
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to b
performed under this Contract by the Consultant, Consultant shal
be fully responsible to the City for the acts and omissions c
Consultant's subcontractor and of the persons either directly c
indirectly employed by the subcontractor, as Consultant is for th
acts and omissions of persons directly employed by Consultant
Nothing contained in this Contract shall create any contractua
relationship between any subcontractor of Consultant and the Citb
The Consultant shall bind every subcontractor and eve1
subcontractor of a subcontractor by the terms of this Contrac
applicable to Consultant's work unless specifically noted to tl
contrary in the subcontract in question approved in writing by tk
city.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity (
behalf of the City to negotiate, make, accept, or approve, or tal
part in negotiating, making, accepting, or approving of ai
architectural, engineering, inspection, construction or materii
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supply contractor, or any subcontractor in connection with thc
construction of the project, shall become directly or indirect11
interested personally in this Contract or in any part thereof. Nc
officer, employee, archi-tect, attorney, engineer, or inspector 0:
or for the City who is authorized in such capacity and on behal:
of the City to exercise any executive, supervisory, or othe
similar functions in connection with the performance of thi
Contract shall become directly or indirectly interested personall
in this Contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent
or employee of the City, either before, during, or after th
execution of this Contract, shall affect or modify any of the term
or obligations herein contained nor such verbal agreement c
conversation entitles the Consultant to any additional paymer
whatsoever under the terms of this Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, IIHold Harmle:
Agreement," all terms, conditions, and provisions hereof shal
insure to and shall bind each of the parties hereto, and each c
their respective heirs, executors, administrators, successors, a1
assigns.
24. EFFECTIVE DATE
This Agreement shall be effective on and from the day and ye
first above written.
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25. CONFLICT OF I”I’EREST
The Consultant shall file a Conflict of Interest Statemen
with the City Clerk of the City of Carlsbad in accordance with th
requirements of the City of Carlsbad Conflict of Interest Code.
26. INSURANCE
The Consultant shall obtain and maintain a policy of liabilit
insurance from an insurance company authorized to be in bushes
in the State of California, in an insurable amount of not less tha
one million dollars ($1,000,000). This insurance shall be in fort
during the life of this agreement and shall not be cancelle
without ten (10) days prior notice to the City.
The City shall be named as an additionally insured on thi
policy. The Consultant shall furnish a certificate of sai
insurance to the City within five (5) working days of the executio
of this agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
DON COLLETT & ASSOCIATES: CITY OF CARLSBAD:
Mayor
APPROVED AS TO FORM: ATTESTED:
Assistant City Attorney City Clerk
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EXHIBIT A
PROJECT MILESTONE SCHEDULE
Golf Course Time Line May 22, 1990 - Planning and Design Time Line - Construction Time Line
Preliminary Plan Complete July 13, 1990 - Revised Routing Plan - Preliminary Grading Plan - Preliminary Landscape Plan - Preliminary Planning/Programming
- Hydrology Study and Map - Preliminary Utility System and Service Plan - Preliminary Cost Estimate
Submit 75% Construction Documents to City for Plancheck October 5, 199 - Coordinate Submittals with Utility
of Clubhouse and Maintenance Facilities
Companies and All Agencies
Submit 100% Construction Documents to City for Review and Approval - Secure All Agency and Utility Approvals February 1, 19
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EXHIBIT B
SCHEDULE OF FEES HOURLY RATES
Don Collett & Associates $ Per Hot
Senior Principal $ 125.0C Principal 85.0C Word Processor 35.0C Secretarial Staff 30.0C
Kawasaki Theilacker Ueno & Associates
Senior Principal $ 115.0C Pr inc ipa 1 86.5C Senior Associate 74.0C Associate 60.1C
Designer 43.25
Clerical 30.0C
Senior Designer 49.45
Draftsperson 33.7C
Gordons Irrisation Consultinq
Principal $ 95.0C
Staff 60.0C
Crosbv Mead Benton & Associates
Ensineerinq
Sr. Project Manager $ 95.0(
Project Manager 84.0(
Asst. Pro j ect Manager 74.0(
Sr. Project Engineer 74.0(
Project Engineer 68.0(
Asst. Project Engineer 62.0(
Land Planninq
Sr. Project Manager $ 95.0(
Project Manager 84.0(
Asst. Project Manager 74.0(
Sr. Project Planner 68.0(
Assoc. Project Planner 52.0(
Asst. Project Planner 45.0(
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EXHIBIT B (Cont'd.)
SCHEDULE OF FEES
HOURLY RATES
$ Per HOUI
Survey Technician $ 58.00
Field Supervisor 84.00
Two-Man Crew 129.00
Three-Man Crew 166.00
Field Suweyinq
Computer/Desiqn/Draftinq/Misc.
Sr. Survey/Computer Analyst $ 68.00
Survey/Computer Analyst 58.00
Asst. Computer Analyst 52.00
Sr. Designer 62.00
Designer 54.00
Design/Draf ter 52.00
52.00 Sr. Drafter Drafter 45.00
Processor 33.00
Word Processor 30.00
c II) *
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF CARLSBAD
il -.
THIS AGREEMENT, entered into this day of , 1990, and effective immediately by and between Linden R. Burzell, Civil Engineer
(hereinafter called the "Consultant") and the City of Carlsbad (hereinafter
cal led "City") , WITNESSETH THAT,
WHEREAS, City intends to construct a municipal golf course in or around Lake
Cal avera; and
WHEREAS, the City Council will need to investigate alternate water supplies
related to the operation of this course; and
WHEREAS, Consultant is staffed with personnel knowledgeable and experienced ir
providing such a1 ternate water supply information and related evaluations of conditions; and
WHEREAS, City desires to engage Consultant to assist in developing a review of various aspects of supplying water to a golf course at this location as describec in the Scope of Services below.
NOW, THEREFORE, the parties hereto mutually agree as follows:
Employment of Consultant. City agrees to engage Consultant anc
Consultant hereby agrees to perform the following services.
Scope of Services. Consultant shall do, perform, and carry out in a goo1
and professional manner the following services:
Consultant will meet with the City's Golf Course Architect (Consultant
to ascertain :
(1,
(2)
A.
' 1. Forecast on water demands. 2. 3. Acceptable water quality for turf grass. Any other information related to golf course water requirements.
B. Prepare a report to:
1. Investigate the underlying geology of the Lake Calavera site. 2. Research any existing wells in the area.
3. Determine the source and analyze the quantity of the existinl replenishment source to the Lake.
4. Analyze the likelihood of developing useful shallow wells in th
vi ci ni ty . 5. Discuss possibility of deep rock wells drilled with air hammer rig with a forecast of likelihood of success (similar as provided b
Consultant to the City of Oceanside in the study made in 1987).
6. Address issues involved in making reclaimed water available.
7. Review the possibility of using the lake for irrigation purpose and/or storage.
8. Provide estimated costs of proceeding with several alternative related to water supply (shallow and deep rock wells, reclaimed, an
other sources).
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9. Recommendations on: ri
a. test hole drilling, including costs for such holes b. water quality tests c. additional engineering studies d. best alternative or combination of alternative water sources for supplying the golf course.
Time of Performance. The services to be performed hereunder by Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. All services required hereunder shall be completed by
120 days after execution of this agreement by both parties.
(4) Compensation. City agrees to pay Consultant a sum not to exceed ten thousand dollars ($10,000) for all services required herein. Billing shall be on an actual time and materials basis up to this limit. The hourly rate of Principal Consultant shall be seventy five dollars ($75.00) per hour; Assistant Engineer, fifty dollars ($50.00) per hour; and clerical, twenty eight ($28.00) dollars per hour. The scope of
services is to include one orientation meeting and one presentation meeting when the study is complete. Additional meetings may be billed at the standard billing rate.
Method of Payment. Payment will be made by City to Consultant up to the amount agreed upon in Paragraph 4 as follows: Consultant will provide a progress billing to the City upon presentation of a draft report. Final payment will be made upon acceptance of the complete report by City .
Chanqes. City may, from time to time, require changes in the scope of services of Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between City and Consultant, shall be
incorporated in written amendment to this agreement.
(7) Services and Materials to be Furnished by City. City shall provide Consultant with reasonable access to any material in the possession of
,City. City will further make appropriate City staff available to provide
direction and input into the review process as necessary.
Termination of Aqreement for Cause. If, through any cause, Consultant shall fail to fulfill in timely and proper manner his obligation under
this agreement, City shall thereupon have the right to terminate this agreement by giving written notice to Consultant of such termination and specifying the effective data thereof, at least five (5) days before the effective date of such termination.
Information and Reports. Consultant shall, at such time and in form as
City may require, furnish periodic reports concerning the status of the project .
(3)
(5)
(6)
(8)
(9)
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** ~ ' '(io) Records and Inspection. Consultant shall maintain full and accurate
records within respect to all matters covered under this agreement. City shall have free access at all proper times to such records, and the
right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities.
(11) AccomDlishment of Pro.iect. Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound, economical, and efficient manner in accordance with the provisions thereof and a1 1 appl icable 1 aws.
(12) Matters to be Disresarded. The titles of the several sections,
subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract.
(13) Comoleteness of Contract. This agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto.
(14) Citv Not Oblicrated to Third Parties. City shall not be obligated or liable hereunder to any party other than Consultant.
(15) When Riqhts and Remedies Not Waived. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist, on the part of Consultant, and the making of any such payment by Citj while any such breach or default shall exist in no way impair or prejudice any right or remedy available to City in respect to such breack or default.
Personnel, Consultant represents that he has, or will secure at his OWI expense, all personnel required in performing the services under thi: agreement. All of the services required hereunder will be performed b:
' Consultant or under his supervision, and all personnel engaged in thc work shall be qualified to perform such services. '
(17) Notices. Any notices, bills, invoices, or reports required by thi agreement shall be sufficient if sent by the parties in the United State mail, postage paid, to the address noted below:
City of Carlsbad Linden R. Burzell, Civil Engineer
1200 Elm Avenue P. 0. Box 369 Carlsbad, CA 92008 Vista, CA 92083
(18) Covenant aqainst Continqent Fees. Consultant warrants that their fir has not employed or retained any company or person, other than a bor fide employee working for Consultant, to solicit or secure th agreement, and that Consultant has not paid or agreed to pay any compal or person, other than a bona fide employee, any fee, commissiol percentage, brokerage fee, first or any other consideration contingel upon, or resulting from, the award or making this agreement. For beal
or violation of this warranty, City shall have the right to annul th
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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.
(19) Nondiscrimination Clause. Consultant shall comply with applicable State and Federal laws regarding nondiscrimination.
(20) Termination of Contract. In the event of Consultant's failure to prosecute, deliver or perform the work as provided for in this agreement, City may terminate this agreement for nonperformance by notifying Consultant by certified mail of the termination of the agreement. Consultant, thereupon, has five (5) working days to deliver any and all documents owned by City under this agreement and all work in progres: to the City Parks and Recreation Director. The City Parks and Recreatioi Director shall make a determination of fact based upon the document: delivered to City of the percentage of work which Consultant ha: performed that is usable and of worth to City in having the agreemenl completed. Based upon that funding as reported to the City Council, thc Council shall determine the final payment of the agreement.
Disputes. If a dispute should arise regarding the performance of worl under this agreement, the following procedure shall be used to resolvc any questions of fact or interpretation not otherwise settled b; agreement between parties. Such questions, if they become identifiec as a part of a dispute among persons operating under the provisions 0' this agreement, shall be reduced to writing by the principal 0' Consultant or the City Parks and Recreation Director. A copy of sucl documented dispute shall be forwarded to both parties involved along wit1 recommended methods of resolution which would be of benefit to bot' parties. The City Parks and Recreation Director or principal receivin the letter shall reply to the letter along with a recommended method o resolution within ten (10) calendar days. If the resolution thu obtained is unsatisfactory to the aggrieved party, a letter outlinin the dispute shall be forwarded to the City Council for their resolutio through the office of the City Manager. The City Council may then op
. to consider the directed solution to the problem. In such cases, th
action of the City Council shall be binding upon the parties involved although nothing in this procedure shall prohibit the parties seekin remedies available to them at law.
SusDension or Termination of Services. This agreement may be terminate
by either party upon tendering thirty (30) days written notice to th other party. In the event of such suspensions or termination, up0 request of City, Consultant shall assemble the work product and put Sam in order to proper filing and closing and deliver said product to Cit) In the event of termination, Consultant shall be paid for work performe to the termination date; however, the total shall not exceed th guaranteed total maximum. City shall make the final determination a to the portions of tasks completed and the compensation to be made Compensation is to be made in compliance with the Code of Federa Regul at i ons.
(21)
(22)
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-6 (23) Status of the Consultant. 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 City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with City as provided for in the request for proposal.
Consultant is an independent contractor of City. The payment made tc Consultant pursuant to this agreement shall be the full and complete compensation to which Consultant is entitled pursuant this agreement. City shall not make any federal or state tax withholdings on behalf of Consultant. City shall not be required to pay any workers’ cornpensatior insurance on behalf of Consultant. Consultant agrees to indemni fy Ci tj for any tax, retirement contribution, social security, overtime payment workers’ compensation payment which City may be required to make 01
behalf of Consultant payment which City may be required to make on behal of Consultant or any employee of Consultant for work done under thi agreement.
Consultant shall be aware of the requirements of the Immigration Reforr and Control Act of 1985 (8 USC Sec. 1101 - 1525) and shall comply wit1 those requirements, including, but not limited to, verifying thc eligibility for employment of all agents, employees, sub-contractor’ and consultants that are included in this agreement.
(24) Ownership of Documents. All plans, studies, sketches, drawings, report
and specifications as herein required are the property of City, whethel the work for which they are made be expected or not. In the event thi contract is terminated, all documents, plans, specifications, drawings
reports and studies shall be delivered forthwith to City. Consultan shall have the right to make one copy of the plans for his/her records
IN WITNESS WHEREOF, City and Consultant have executed this agreement as of th date first written above.
City of Carlsbad
By : Claude Lewis Mayor
ATTEST:
Linden R. Burzell, Civil Engineer
By: Y !LL?i ,+ /LL /, < /L 2(,1 L (
Linden R. Burzell 1
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AGREEMENT FOR
LAKE CALAVERA GOLF COURSE
LAND SURVEYING SERVICES
PROJECT NO. 3342
THIS AGREEMENT, made and entered into as of the day of
, 1990, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City, I( and RICE
ENGINEERING COMPANY, hereinafter referred to as 11Consultant.19
RECITALS
City requires the services of an engineering consultant ti
provide the necessary land surveying and mapping services fo
preparation of a boundary survey for the Lake Calavera property
and
Consultant possesses the necessary skills and qualification
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and th
mutual covenants contained herein, City and Consultant agree a
follows:
1. City agrees to engage Consultant and Consultant hereby agrec
to perform the following services:
2. CONSULTANT'S OBLIGATIONS
Perform a field boundary survey and prepare and process
Record of Survey Map for the Lake Calavera property as describ
in Ticor Insurance Company Preliminary Title Report, Order Numb
1180667, dated November 16, 1989. Recover or set all corn
monuments and mark all corners with T-bar fence posts.
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3. PROGRESS AND COMPLETION
The work under this Contract will begin after receipt of
notification to proceed by the City and be completed within one-
hundred-fifty (150) days of that date. All property corners shall
be set and marked within thirty (30) days of notification tc
proceed. Extensions of time may be granted if requested by tht
Consultant and agreed to in writing by the City Engineer. I
consideration of such requests, the City Engineer will giv
allowance for documented and substantiated unforeseeable an
unavoidable delays not caused by a lack of foresight on the par
of the Consultant, or delays caused by City inaction or othe
agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
City agrees to pay Consultant a sum not to exceed $18,800
for all services required herein. Payments shall be on an actua
time and materials basis up to this limit in accordance with tl-
Schedule of Fees, attached Exhibit A. No other compensation fc
services will be allowed except those items covered by supplement:
agreements per Paragraph 7, 'IChanges in Work.l'
5. METHOD OF PAYMENT
Fees shall be paid monthly in accordance with Paragraph
Two thousand dollars ($2,000) shall be retained until recordati
of the Record of Survey Map.
6. FINAL SUBMISSIONS
Within fifteen (15) days of completion, the Consultant sha
deliver to th.e City the following items:
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a. One (1) blueline copy of the Record of Survey Map.
b. One (1) photocopy of all survey notes, calculations, an
worksheets.
7. CHANGES IN WORK
If, in the course of this Contract and design, changes see
merited by the Consultant or the City, and informal consultation
with the other party indicate that a change in the conditions o
the Contract is warranted, the Consultant or the City may reques
a change in Contract. Such changes shall be processed by the Cit
in the following manner: A letter outlining the required change
shall be forwarded to the City by Consultant to inform them of th
proposed changes along with a statement of estimated changes i
charges or time schedule. After reaching mutual agreement on tF
proposal, a supplemental agreement shall be prepared by the Cit
and approved by the City Council. Such supplemental agreemer
shall not render ineffective or invalidate unaffected portions c
the agreement. Changes requiring immediate action by tl:
Consultant or City shall be ordered by the City Engineer who wil
inform a principal of the Consultantts firm of the necessity (
such action and follow up with a supplemental agreement coveril
such work.
8. DESIGN STANDARDS
The Consultant shall prepare the plans and specifications .
accordance with the design standards of the City of Carlsbad ai
recognized current design practices. Applicable City of Carlsb,
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Standards and Regional Standards shall be used where appropriate
Copies of such standards shall be obtained from the City c
Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed c
retained any company or person, other than a bona fide employe
working for the Consultant, to solicit or secure this agreement
and that Consultant has not paid or agreed to pay any company c
person, other than a bona fide employee, any fee, commissior
percentage, brokerage fee, gift, or any other consideratic
contingent upon, or resulting from, the award or making of thj
agreement. For breach or violation of this warranty, the Cit
shall have the right to annul this agreement without liabilit]
or, in its d.iscretion, to deduct from the agreement price c
consideration, or otherwise recover, the full amount of such fee
commission, percentage, brokerage fee, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the State and Federz
Ordinances regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecutc
deliver, or perform the work as provided for in this Contract, tl
City may terminate this Contract for nonperformance by notifyil
the Consultant by certified mail of the termination of tl
Contract. The Consultant, thereupon, has five (5) working days 1
deliver said documents owned by the City and all work in progre2
to the City Engineer. The City Engineer shall make a determinatic
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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.
12. DISPUTES
If a dispute should arise regarding the performance of worl
under this agreement, the following procedure shall be used t
resolve any cpestion of fact or interpretation not otherwis
settled by agreement between parties. Such questions, if the
become identified as a part of a dispute among persons operatin
under the provisions of this Contract, shall be reduced to writin
by the principal of the Consultant or the City Engineer. A COF
of such documented dispute shall be forwarded to both partie
involved along with recommended methods of resolution which woul
be of benefit to both parties. The City Engineer or principz
receiving the letter shall reply to the letter along with
recommended method of resolution within ten (10) days. If tl
resolution thus obtained is unsatisfactory to the aggrieved part:
a letter out:lining the dispute shall be forwarded to the Ci
Council for their resolution through the Office of the Ci
Manager. The City Council may then opt to consider the direct
solution to t:he problem. In such cases, the action of the Ci
Council shall be binding upon the parties involved, althou
nothing in this procedure shall prohibit the parties seeki
remedies avai.lable to them at law.
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13. RESPONSIBILITY OF THE CONSULTANT
The Consultant is hired to render professional services of
land surveying and mapping for the Lake Calavera property and an)
payments made to Consultant are compensation solely for suc€
services.
14. SUSPENSIOIN OR TERMINATION OF SERVICES
This agreement may be terminated by either party up01
tendering thirty (30) days written notice to the other party. I
the event of such suspension or termination, upon request of th
City, the Consultant shall assemble the work product and put Sam
in order for proper filing and closing and deliver said product t
City. In the event of termination, the Consultant shall be pai
for work performed to the termination date; however, the tota
shall not exceed the guaranteed total maximum. The City shall mak
the final determination as to the portions of tasks completed an
the compensation to be made. Compensation to be made in complianc
with the Code of Federal Regulations.
15. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for here:
in Consultant's own way as an independent Contractor and in pursu:
of Consultantos independent calling, and not as an employee of tl
City. Consu1t:ant shall be under control of the City only as to tl
result to be accomplished and the personnel assigned to tl
project, but shall consult with the City as provided for in t
request for proposal.
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The Consultant is an independent contractor of the City. Thc
payment made to the Consultant pursuant to this contract shall bc
the full and complete compensation to which the Consultant i?
entitled. The City shall not make any Federal or State ta:
withholdings on behalf of the Consultant. The City shall not bc
required to pay any workers' compensation insurance on behalf o
the Consultant:. The Consultant agrees to indemnify the City fo
any tax, retirement contribution, social security, overtim
payment, or workers' compensation payment which the City may b
required to make on behalf of the Consultant or any employee of th
Consultant for: work done under this agreement.
The Consultant shall be aware of the requirements of th
Iminigration Reform and Control Act of 1986 and shall comply wit
those requirements, including, but not limited to, verifying th
eligibility far employment of all agents, employees, subcontractor
and consultants that are included in this agreement.
16. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications I
conform to all applicable requirements of law: Federal, State ai
local. Consultant shall provide all necessary supportii
documents, to be filed with any agencies whose approval :
necessary.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, a
specifications as herein required are the property of the Cit
whether the work for which they are made to be executed or no
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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 (1) copy of the plans for his/her records.
18 HOLD HARMLESS AGREEMENT
The City, its 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 persona:
injuries or death caused by, or claimed to have been caused by, 01
resulting from, any intentional or negligent acts, errors 0:
omission of C:onsultant or Consultant 1 s agents, employees, 0:
representatives. Consultant agrees to defend, indemnify, and savc
free and harmless the City and its officers and employees agains
any of the foregoing liabilities or claims of any kind and any cos
and expense th.at is incurred by the City on account of any of th
foregoing liabilities, including liabilities or claims by reaso
of alleged defects in any plans and specifications.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this Contract or any pal
thereof or any monies due thereunder without the prior writtc
consent of the City.
20. SUBCONTRRCTING
If the Consultant shall subcontract any of the work to 1
performed undler this Contract by the Consultant, Consultant sha
be fully responsible to the City for the acts and omissions of
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Consultant I 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 ever1
subcontractor of a subcontractor by the terms of this Contract
applicable to Consultant's work unless specifically noted to thc
contrary in the subcontract in question approved in writing by tht
City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity 01
behalf of the City to negotiate, make, accept, or approve, or takr
part in negotiating, making, accepting, or approving of an
architectural, engineering, inspection, construction or materia
supply contractor, or any subcontractor in connection with th
construction of the project, shall become directly or indirect1
interested personally in this Contract or in any part thereof. N
officer, employee, architect, attorney, engineer, or inspector o
or for the City who is authorized in such capacity and on behal
of the City to exercise any executive, supervisory, or othe
similar funct,ions in connection with the performance of thi
Contract shall. become directly or indirectly interested personall
in this Contract or any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal. agreement or conversation with any officer, agent
or employee of the City, either before, during, or after th
execution of this Contract, shall affect or modify any of the term:
or obligations herein contained nor such verbal agreement 0:
conversation entitles the Consultant to any additional paymenl
whatsoever under the terms of this Contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmles:
Agreement," all terms, conditions, and provisions hereof shal:
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City C!lerk of the City of Carlsbad in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code.
26. INSURANCE
The Consultant shall obtain and maintain a policy of liability
insurance from an insurance company authorized to be in business
in the State of California, in an insurable amount of not less than
one million dollars ($1,000,000). This insurance shall be in force
during the life of this agreement and shall not be cancelled
without ten (10) days prior notice to the City.
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The city shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
RICK ENGINEERING COMPANY: CITY OF CARLSBAD:
we* Mayor BY
J. R
Title
APPROVED AS TO FORM: ATTESTED :
Assistant City Attorney City Clerk
Office Personnel1
Expert Witness $250.00
Principal Consultant (Special Projects) 125.00
Principal 95.00
AssociateFIanager 87.50
Principal Project Engineermager 80.00
70'00 Assistant Project Engineermanager
75.00 Principal Survey Analyst*
70'00 Associate Survey Analyst*
65*00 Assistant Survey Analyst
Geodetic Survey Analyst 62.50
Mapping Coordinator 45.00
Associate Project Engineer/Manager 75.00
Cad System Operator/Manager 55.00
Cad System (High Speed Color Work Station Only) 50.00
Principal Engineering Designer/ Planning Designer 60.00
Associate Engineering Designer/
Assistant Engineering Designer/ Planning Designer 50.00
".OO Associate Water Resources Designer
Assistant Water Resources Designer 50.00
Photogrammetrist 70.00
45*00 Photo Lab Technician1
Principal Computer Graphics Editor 55.00
Assistant Computer Graphics Editor 50.00
Principal Engineering Drafter 52.00
Associate Engineering Drafter 47.50
Assistant Engineering Drafter 42.00
Principal Project Planner 80.00
Associate Project Planner 70.00
Principal Planning Delineator 52.00
Assistant Planning Delineator 42.00
Planning Designer 55.00
Principal Water Resources Designer 60.00
Assistant Photogrammetrist 55.00
Assistant Project Planner 60.00
Associate Planning Delineator 47.00
Administrative Personnel
Associate Project Administrator
Assistant Project Administrator
Administrative Assistant
Secretaq (special assignment)
Field Personnel
Field Supervisor
One-man Survey party
Two-man Survey Party
Three-man survey party
Above rates include electronic data gathering ec
Global Positioning System Surve!
Pre-planning
GPSCrew 62.51
Post-processing
*Includes cost of computer time
Unless otherwise agreed upon, we shall charge for blue printing and reproduction desired by ti public agencies, deliveries, transportation, expt telephone calls.
A ten (10) percent fee for administration, coor( handling will be added to all subcontracted ser