HomeMy WebLinkAbout1990-11-06; City Council; 10897; APPROVAL OF CONSULTANT AGREEMENT FOR THE DESIGN OF LARWIN PARK PROJECT NO. 3344I
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AB#- TITLE. APPROVAL OF CONSULTANT AGREEMENT DEPT.
MTG. 11/06/90 FOR THE DESIGN OF LARWIN PARK CITY A
PROJECT NO. 3344 DEPT. ENG:MP CITY k
RECOMMENDED ACTION:
Adopt Resolution No. !@ -3438 approving a consultant agreement wi Van Dyke & Associates for the design of Larwin Park, Project N
3344.
ITEM EXPLANATION:
In the 1990-91 Capital Improvement Program budget, the City Counc appropriated funds for the design of Larwin Park. Larwin P; consists of the development of a City owned 22.3 acre parcel no] of Elm Avenue and east of El Camino Real. This facility is 1 next major City park project identified under the City's Groi Management Program.
City staff assembled a detailed scope of work and solicil Requests for Qualifications from qualified landscape architec building architect, and civil engineering design firms identif. for the project. The City received nineteen (19) formal respon: to the Request for Qualifications which were subsequently evalua-
by a Selection Committee consisting of Parks & Recreation sta
Municipal Projects staff, and two (2) members of the Parks
Recreation Commission, Mr. David Castner and Mr. Tony Lawson. '
Selection Committee convened and identified five (5) finalists
participate in the formal Request for Proposal process. The f
(5) final firms identified were:
Van Dyke & Associates, San Diego Gillis, Iler & Clark, Irvine Wimmer, Yamada & Associates, San Diego Nordquist & Associates, San Diego
BSI Incorporated, Santa Ana
On Wednesday, September 19, 1990, the Selection Committee conve at the City Council Chambers and received presentations from
five (5) finalists. Following the interviews, the Select
Committee identified the firm of Van Dyke & Associates as
design firm to be recommended to design the project.
Staff has completed its negotiations with the recommended des
firm resulting in the attached consultant agreement with detai
scope of work, design schedule, and fee proposal. Staff recommc approval of the attached consultant agreement which will begin design process for Larwin Park.
The property to be utilized for the park contains several der and operational constraints which will be dealt with during extensive design process. In particular, a large portion of property is very steep terrain which will require extensive grac to increase the available net useable acreage within which construct the park facilities. Additionally, a high pressure (
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Page 2 of Agenda Bill No.
line and overhead utility lines with large at-grade support towe traverse the project site. Finally, access to the site will like be from Elm Avenue requiring street improvements along Elm Aver and potential signalization of the intersection of Elm and Sar Clara Way. The close proximity of neighborhood residences alc the borders of the project site will require extreme sensitivity design to minimize adverse noise, light spillage, traffic, i other potential inconveniences. Local residents will have sevei opportunities at public forums to review and comment upon the dri park plan.
The Larwin Park program includes the installation of an adult si;
softball field, soccer field, tennis courts, picnic areas w:
covered shelters, tot-lots with play apparatus, parking facilit:
and other open space areas. Design is anticipated to be complei in the Summer of 1991 with construction anticipated to begin in 1 Fall of 1991 and conclude in the Fall of 1992.
FISCAL IMPACT:
The City Council has appropriated $290,000 of Public Facilities funds in the 1990-91 Capital Improvement Program budget for design of this project. The attached scope of work include: total scope of services for all phases of the project for a to cost of $258,555. Additional services including structu
engineering, aerial topographic mapping, and construction 01 scaled project model have also been costed at $17,500 as options required by the City during design.
Construction funding estimated at $2,500,000 is not appropriatec the current fiscal budget but, rather, will appear in the Fis
1991-92 Capital Improvement Program budget submittal.
Staff recommends approval of the attached consultant agreement
EXHIBITS :
1. Location map.
2. Resolution No. Td-Yqs approving a consultant agreement 1
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Van Dyke & Associates for the design of Larwin Park.
3. Consultant agreement.
OVERHEAD TRAN~M~~~~~~ LlNES .l.gggl
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1 PROJECT NAME PROJECT # EX
LARw~N PARK * 3344
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RESOLUTION NO. 90-398
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT WITH VAN DYKE & ASSOCIATES FOR THE DESIGN OF LARWIN PARK
WHEREAS, the City Council of the City of Carlsbz
determined it necessary, desirable, and in the public interc
appropriate funds and budget in the 1990-91 Capital Impro
Program budget for the design of Larwin Park; and
WHEREAS, Request for Proposals were solicited, fin
selected, interviews completed, and a consultant agr
negotiated with the recommended firm of Van Dyke & Associa
San Diego, California.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and corr
2. That a consultant agreement with Van 1
Associates is hereby approved and the Mayor and City Cle
authorized and directed to execute said agreement. Followj
execution of said agreement, the City Clerk is further aut1
and directed to forward copies of the agreement to the Par1
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Recreation Department, the Municipal Projects Department ar
Dyke & Associates, attention Mr. Thomas G. Van Dyke, 2741 1
Avenue, San Diego, California, 92103.
PASSED, APPROVED AND ADOPTED at a regular meeting I
Carlsbad City Council held on the 6th day of November 1
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES: None
ABSENT: None
CLAUDE A. LEWYS, Mayor
ATTEST:
ALETHA L. RAUTEN
(SEAL)
* 16 m .
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AGREEMENT FOR
DESIGN SERVICES FOR LARWIN PARK +-+ 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 VAN DYKE & ASSOCIATES, a California Corporation,
hereinafter referred to as "Consultant".
RECITALS
City requires the services of a landscape architecture finrdconsultant to
provide the necessary design services for preparation of plans, specifications, and
contract documents for the design of Larwin Park; and Consultant possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
PHASE 1 - PRELlMINARY PLAN
Task 1.1 Data Collection
The objective of Task 1.1 is to review existing site data for the park area.
In addition, the following new site specific data shall be provided:
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e Two (2) 24" x 36' (minimum) color aerial photographs (additional
services)
0 Location, horizontally and vertically, of all existing on-site utilities
Geotechnical study, hydrology and soils report
Existing City traffic studies for both Elm Avenue and Vancouver Street shall
be analyzed for identification of access potentials and constraints. Existing sewer,
water and storm drain studies shall be evaluated. The use of reclaimed water
within the City of Carlsbad shall be considered for slope irrigation purposes. Any
outstanding issues pertaining to constraints and design criteria for the SDG&E
transmission towers or fuel lines located within the 100-foot SDG&E easement will
be dealt with at this stage. Site utilities data not available from existing sources will
be developed from on-site investigations, potholing, etc. If environmental assistance
is requested, a determination will be made as to the type of environmental clearance
needed. All required notices shall be made to the responsible agencies and utility
operators. Meetings will be scheduled as needed to review scope and progress with
City staff. Preliminary evaluations of the environmental issues will be performed.
Any additional and/or data required shall be identified.
Products:
e Two (2) color aerial photographs at 40-scale (additional services)
Preliminary geotechnical study, hydrology and soils report e
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0 Letter report identifying issues related to utilities, easements, permits,
agreements, traffic concerns, off-site facilities, etc. that may impact or
be impacted by the proposed project
Task 1.2 - ToDographic Survey (Additional Services)
The civil consultant will set aerial targets and hire subconsultants to prepare
aerial topo.
Product:
Forty (40) scale aerial topo, field verified, with a paper boundary of
the entire site, including areas for potential off-site access, drainage
and utilities
Task 1.3 - Preliminarv Concept Plan Development
The intended park program as identified in previous planning efforts will be
reviewed and modified, if necessary, in accordance with current planning policies,
City Staff input, site constraints and opportunities, analysis, and additional
discussion with homeowner groups and the City Parks and Recreation Commission.
A determination will be made, based on Task 1.1 and 1.2 above and coordination
with all agencies, as to the best program and design elements for the Larwin Park
improvements.
Based on that determination and the site analysis and identification of
opportunities and constraints, a preliminary conceptual plan and costs shall be
prepared for staff review. The preliminary conceptual plan will generdy take into
consideration previous planning efforts, in regards to program and a brief review of
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site planning considerations acknowledged in the plan. The plan shall be reviewed
with the City staff and a determination made as to the direction and revisions to the
final preliminary plan.
Products:
Site Analysis/Site Opportunities and Constraints Plan
Park Program Diagrams
Preliminary Conceptual Site Plan and Costs
Task 1.5 - Citv Review and Amroval
Preliminary documentation as defined above shall be submitted for review
and approval by the City of Carlsbad. Pursuant to that approval, all other agencies
involved in the process shall be provided with preliminary documents. Inter-agency
meetings shall be conducted to solicit input and to expedite the process as much as
practical.
Task 1.4 - Final Preliminary Plan
Consistent with comments and recommendations from the City, the
consultant team will prepare the preliminary design documentation.
Civil design, geotechnical, landscaping, architectural, electrical, and utility
design services will be performed and included in the preliminary plans package.
The preliminary site plans will be prepared on screened topographical
backgrounds and will clearly illustrate all required program elements and technical
items in sufficient detail for Staff review. Preliminary documentation includes the
following:
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1.4.1 Preliminary site plan indicating landscape, hardscape and architectural
elements. Support graphics such as elevations and cross-sections will be included.
Drawings shall be rendered in color for presentation purposes.
1.4.2 Civil engineering design items shall be presented as redline drawings
on screened top0 prints. Items to be addressed at the preliminary design phase
include the following:
(1) Access requirements for ingress/egress from Elm Avenue and
Vancouver Street will be identified.
Wet utilities of sewer, domestic and irrigation water, and storm
drain along with their respective materials and sizes. Flow and
pressure data for off-site points of connection shall be included if
not previously accomplished.
Reclaimed water for slope irrigation will be considered through
Carlsbad Municipal Water District.
PVC waterline in lieu of ACP will be requested through CMWD (a
10-1 2% cost savings).
Dry utilities of proposed and existing gas and electric will be
indicated. Conflicts addressed and avoided at this phase.
Preliminary grading and drainage incorporating all landscape,
hardscape and pertinent site features as indicated in the preliminary
(2)
(3)
(4)
(5)
(6)
plan.
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1.4.3 Any further applicable engineering reports including plans and
narratives will be provided to address the preliminary design.
1.4.4 A preliminary estimate of probable cost will be provided by each
discipline with sufficient breakdown provided to serve as a guide in the decision-
making review process.
1.4.5 Preparation for and attendance at one (1) community group meeting
is included.
Summary of Products Task 1.4.1 - 1.4.4:
0 Preliminary Site Plan
b Support renderings, cross-sections, elevations to illustrate site
elements to include furnishings, landscape, hardscape, signage and
architecture
0 Preliminary grading, drainage and utilities to support the preliminary
Plan
b Technical reports (as required)
0 Preliminary Estimate of Probable Costs
Task 1.5 - Review and Approval/Environmental Review
The consultant team will present the Preliminary Design Plan and necessary
background analysis and data to support realistic and creative design solutions.
Based on the approval of the preliminary documents as modified by agency
reviews, Draft Environmental Documents will be circulated and Public Hearings will
be conducted if and as required. Public comments will be received. All public and
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agency comments will be reviewed and any modifications agreed upon, prior to
commencing the construction documentation.
PHASE 2 - CONSTRUCTION DOCUMENTS
Task 2.0
Based on approval and comments on the preliminary plans, 30% construction
plans and contract documents will be prepared and submitted for City review and
comments. The plans will be prepared in ink on mylar, on-screened top0 using 1" -
40' scale. Plans will incorporate the City of Carlsbad standards, CALTRANS
standards, and other applicable standards as required.
The 30% Design Development Documentation shall include all sheets to be
included in the final construction document package completed to a minimum of
30% to clearly illustrate and support the intent of the preliminary design.
Material boards to illustrate and clarify the detail design shall be provided for
the following items:
1. Architectural elements
2. Planting and irrigation
3.
4. Signage
Outline specifications and a probable estimate of costs shall be provided.
Site lighting, paving, site furniture
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Task 2.1 - Final Construction Documents
The drawings will elaborate on the approved preliminary design, explained
in Phase 1 above, in full and constructable detail as follows:
2.2.1 Street Sections - Street sections and profiles will be provided along
Vancouver Street, Elm Avenue, and along the Tanglewood project showing both
existing and proposed conditions for medians, parking, and driveways. Striping,
signage, and signalization, if necessary, will be shown for the street and parking
facilities.
2.2.2 Gradinn and Drainane - All grading and drainage will be shown in
complete detail with various sections throughout the park site where necessary.
Details of all drainage structures will be shown.
2.2.3 Utilities - Dry utilities will be shown in plan view only, with a typical
trench detail provided showing various pipe depths. The existing he1 line will also
be shown in detail.
Wet utilities will be shown in profiles when necessary. The storm drain may
only need to be shown in profile at outlet points, points of connection, or crossing
conflicts with other dry or wet utilities. The same holds true with sewer and water.
This issue of pro&g utilities may be worked out in either the preliminary or
conceptual stages with the appropriate authority.
2.2.4 Horizontal Control Plan - The layout of all roads, buildings, park
structures, walkways and other major fixed improvements shall be determined.
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2.2.5 Construction/Layout Plans - Layout in detail hardscape, location of site
furniture, signage, and other site elements not included as part of the horizontal
control plan. Detail references shall also be noted on these plans.
2.2.6 Site Furnishinns - Site furnishings such as picnic tables, benches, play
equipment, trash containers, drinking fountain and signage will be provided by
manufacturer catalog number or specifically designed for this project and shall be
included as a schedule on the plans or within the specifications.
2.2.7 Plantinn Plan - The planting plan shall locate and label all planting
materials. The plan shall respond to existing native plants and adjoining land use.
2.2.8 Irrination Plan - The irrigation plan will provide water to satisfy the
needs of the plantings. Drip irrigation and other conservation methods shall be
used. The plan will locate all piping, point of connections, backflow preventors,
pressure regulators, controllers, valves, heads, etc.
2.2.9 Architectural Plans - The architectural plans shall provide all necessary
documentation for the restroom building or other structures, including required
details, plumbing and specifications.
2.2.10 Site Electrical and Lighting Plan - The electrical and lighting plans
shall provide documentation for all proposed electrical features, including site
lighting, building electrical requirements, etc.
2.2.1 1 Hvdrolonv/Hvdraulic Report - Afinal hydroIogy/hydraulic report will
be provided for the project area. The preliminary hydrology study will be modified
as necessary to produce this final drainage report.
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2.2.12 Water Pressure Report - A final water pressure report and sewer flow
study will be developed from their respective preliminary reports.
2.2.13 Earthwork - Detailed quantity calculations for excavation and
embankment will be prepared. These earthwork quantities shall include shrinkage
or bulking factors where appropriate based on soil engineers' input.
2.2.14 Cost Estimate - A detailed cost estimate of all construction items will
be prepared off a detailed list of respective items. The quantity list and cost
estimate will be included in the contract documents. All construction contract
documents, including special provisions, will have a typed original and disk readable
by Wordperfect, IBM compatible.
Task 2.3 - Final Construction Document Submittal
Upon final approval of the construction documents, the consultant shall
provide to the City a final set of photo mylars (as provided for in the reimbursable
expenses). The City shall prepare the final bid package.
PHASE 3 - CONSI'RUCI'XON OBSERVATION
Task 3.1 - Bid Phase/Construction Period Services
Construction Period Services will be provided as directed by the City of
Carlsbad. The services shall include the following:
1. Pre-bid meeting attendance
2. Answer questions and issue Addenda and review final bids
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3. Attend pre-construction meeting
4. Review submittals/shop drawings
5. Make penodic visits to the site to detennine that work is being
completed in accordance with plans and specifications.
Attend bi-weekly on-site meetings to review the general progress of
construction.
6.
PHASE 4 - REIMBURSABLES
4.1 General Reimbursables
Reproduction costs to include:
0 Mylar base maps for use by all consultants
Blueprinting costs for all consultant coordination and plan checks
Blueprinting costs for all City submittals
Reproduction of any data, reports, base material, etc. to be used by
consultants
Photography and film processing for site inventory, research and
presentation
Deliveries, fax and long distance calls associated With team
coordination and management or specific product research for the
project
Photo mylar reproduction for hal submittal to City
0 Mileage for travel
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Reproduction costs for Phase I1 assume a final construction document
package of 60 to 70 sheets total and book format special provisions. Reimbursables
expenses as identified in 4.1 above shall be billed monthly proportionate to work
complete.
PHASE 5 - ADDITIONAL SEXVICES
The following scope of services have been identified and may be requested
at the discretion of the City.
5.1 Site model at 1" - 40' illustrating preliminary design to be used for
presentation.
5.2
5.3
5.4
Structural engineering services for bridge abutment; and site walk.
Aerial topographic survey with two (2) colored photographs.
Construction Period Services - Optional support services to be provided
by the subconsultant for site reviews and clarifications as requested by the City.
2. CITY OBLIGATIONS
The City shall provide sufficient copies of blank mylar sheets with City title
City shall provide all environmental consulting block required for Consultant.
services required for the project.
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3. PROGRESS AND COMPLETION
The work under this contract will begin within five (5) days after receipt of
notification to proceed by the City. All work under this contract including
submission to City of all approved plans, specifications, and contract documents
shall be completed by Consultant by June 1, 1991. Extensions of time may be
granted if requested by the Consultant and agreed to in writing by the City Manager
or his authorized representative. The City Manager or his authorized representative
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
The lump sum fee payable according to Paragraph 6, "Payment of Fees," shall
be $258,555 in accordance with attached Exhibit A incorporated by reference and
made a part hereof. Fees payable to Consultant under this agreement shall be as
follows:
Phase I: Preliminary Plans $ 59,780
Phase 11: Construction Documents $1 71,275
Phase 111: Construction Period Services $ 18,000
Reimbursables $ 9,500
TOTAL, FEES: $258,558
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Consultant shall provide the following services at City's option following
receipt of written authorization:
Preparation of Scale Model $ 5,000
Structural Engineering $ 8,000
Aerial Topographic Survey $ 4,500
No other compensation for services will be allowed except those items
covered by supplemental agreements per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACX
This agreement shall extend for a period of two (2) years from date thereof.
The contract may be extended for additional one (1) year periods or parts thereof,
based upon satisfactory performance and the City's needs.
6. PAYMENTOFFEES
Payment of fees shall be upon delivery and approval by City of detailed
monthly invoices in accordance with attached Exhibit A.
7. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the final plans,
specifications, and contract documents, Consultant shall deliver to the City the
following items:
All approved plans on mylar.
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All approved specifications and contract documents on one (1)
camera-ready set ready for City reproduction. Specifications and
contract documents shall also be delivered to City on one (1) IBM
compatible disk utilizing Wordperfect format.
All other design details, calculations, studies, reports, drawings,
exhibits, and other data generated during design of the project.
8. CHANGESINWORK
If, in the course of the contract, 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 by
Consultant to inform them of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental agreement shall be
prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.1 72. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
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9. COVENANTS AGAINST CONTINGENT FEES
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 of this 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
fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACI'
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 Consultant. The Consultant, thereupon, has five (5) working days to deliver
said documents owned by the City and all work in progress to the City Manager or
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his authorized representative. The City Manager or his authorized representative
shall make a deterrnination 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 Manager, the Manager shall determine the final payment of the
contract.
12. 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 City Manager or his authorized representative. 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
City Manager or his authorized representative or principal receiving 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
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
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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.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (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 lump
sum fee payable under paragraph 4. The City shall make the final determination
as to the portions of tasks completed and the compensation to be made.
14. 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, but shall consult with the City as
provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made
to the Consultant pursuant to the contract shall be the full and complete
compensation to which the Consultant is entitled. The City shall not make any
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federal or state tax withholdings on behalf of the Consultant. The City shall not be
required to pay any workers’ compensation insurance on behalf of the Consultant.
The Consultant agrees to indemnify the City for any tax, retirement contribution,
social security, overtime payment, or workers’ compensation payment which the City
may be required to make on behalf of the Consultant or any employee of the
Consultant for work done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but
not limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and consultants that are included in this agreement.
15. CONFORMlTY TO LEGAL REOUIREMENTS
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, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
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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.
17. REPRODUCXON RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in City and hereby agrees to
relinquish all claims to such copyrights in favor of City. Consultant shall add the
following notation to each and every drawing, plan, sheet, and other document
pursuant to this agreement: "Copyright 1991, City of Carlsbad."
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, not for personal injuries or death caused by, or claimed to have
been caused by, or resulting from, any intentional or negligent acts, errors 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
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.
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19. ASS1G"T OF CONTRACI'
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without the prior written consent of the City.
20. 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.
21. PROHIBITEDINTEREST
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 this agreement, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer or employee
of the City who is authorized in such capacity and on behalf of the City to exercise
21 Rev. 8/27/90
0 0
any executive, supervisory, or similar functions in connection with the performance
of this contract shall become directly or indirectly interested personally 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 the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "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.
24. EFFEcX'WF,DATF,
This agreement shall be effective on and from the day and year first above
written.
22 Rev. 8/27/90
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25. CONFLI<;TOFINTERESI'
The Consultant shall file a Conflict of Interest Statement with the City Clerk
in accordance with the requirements of the City of Carlsbad Conflict of Interest
Code. The Consultant shall report investments or interests in real property.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability
insurance, non-owned automobile liability insurance, and a combined policy of
worker's compensation and employers liability insurance from an insurance company
authorized to do business in the State of California which meets the requirements
of City Council Resolution No. 90-96 in an insurable amount of not less than one
million dollars ($1,000,000) each, unless a lower amount is approved by the City
Attorney or the City Manager. This insurance shall be in force during the life of this
agreement and shall not be canceled without thirty (30) days prior written notice
to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The
Consultant shall furnish certificates of insurance to the City before commencement
of work.
...
...
...
...
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h Executed by Consultant this 18th day of October, 1990.
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
THOMAS G. VAN DYKE,
VAN DYKE ASSOCIATES. INC.
(name of Consultant) By:
(sign here) ATTEST:
THOMAS G. VAN DYKE
(print name here) -
Z
By--
PRES1DE;"JT. VAN DYKE ASSOC. INC.
(title and organization of signatory) KAREN KUNDTZ
Assistant City Clerk
B& 0. d&L
Secretary
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering
that officer to bind the corporation.)
APPROVED AS TO FORM:
Rev. 8/27/90 24
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t. Exhibit A
Page 4 of L
PHASE III
CONSTRUCTION PERIOD SERVICES
Construction Period Services are based on the City providing an on-site inspector w
Construction Administration performed by the City.
The consultant team will provide Bid Period and Construction Period Services on an
needed basis and at the request of the City.
At a minimum, the Consultant will perform:
Pre-Bid meeting attendance
0 Attend pre-construction meeting
Review submittals/shop drawings
Answer questions and issue Addenda and review final bids
Make periodic visits to the site to determine that work is being completed
accordance with plans and specifications.
Estimate maximum not-to-exceed cost $18,000.
(Based on IO-month construction at an average of 26 hrs./mo. = 257 hrs @ $70.00/1
Fees for additional services shall be based on the following rates:
Hourlv Rates
Principal $95.00
Project Manager $80.00
Sr. Landscape Architect $70.00
Project Landscape Architect $65.00
Landscape Architect $60.00
Designer $45.00
Draftperson $40.00
Administrative $30.00