HomeMy WebLinkAbout1992-09-01; City Council; 11860; APPROVAL OF DESIGN AGREEMENTS FOR ALTA MIRA PARK AND HIDDEN VALLEY ROAD IMPROVEMENTS, PROJECT NOS. 3348 AND 34093 P CITWF CARLSBAD - AGEND ILL ' ' II' .' : ia ,' -
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CITY M( DEPT. CD:MP
CITY AT MTG. 9/01/92
DEPT. H TITLE: APPROVAL OF DESIGN AGREEMENTS FOR ALTA MIRA PARK AND HIDDEN VALLEY ROAD IMPROVEMENTS, PROJECT NOS. 3348 & 3409
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RECOMMENDED ACTION:
Adopt Resolution No. CjZ-gbb approving Amendment No. 1 to an existing dc
agreement with The Dike Partnership for design services for Alta Mira Park approving a design agreement with Crosby, Mead, Benton and Associates for design of improvements to Hidden Valley Road, Project Nos. 3348 and 3409.
ITEM EXPLANATION:
On August 11, 1992, the City Council adopted the Master P1 an and app Alternative "A-2" for the Phase I development of Alta Mira Park.
On December 3, 1991, the City Council adopted Resolution No. 91-386 approv consultant agreement with The Dike Partnership for the development of the M Plan Report for Alta Mira Park. Subsequent design services for Phase I o park require a scope of work, schedule, and fee proposal which have negotiated with the consultants to provide all final design plans, specificat and contract documents for Phase I in accordance with the recently approved M Plan for Alta Mira Park. Design work will begin immediately upon approval of amendment and require approximately six (6) months to complete. -Staff recom approval of the attached Amendment No. 1.
The approved Master Plan for Alta Mira Park identifies permanent access t site to be constructed during the Phase I development of the park. Perm access to the site will be provided by constructing the first leg of Hidden V Road from existing Camino de las Ondas northerly to the northern park bour Hidden Valley Road is designated in the City's Circulation Element of its GE Plan as a collector street and will be designed to the ultimate City star including curb, gutter, and sidewalk, street lights, drainage improvement:
(2) travel lanes, bike lanes, parking along the western or park-side o street, painted median, and re1 ated improvements. A scope of work, schedult
fee proposal have been negotiated with the consultants to provide all final ( plans, specifications, and contract documents for the road improvements to t Valley Road which should be designed in concert with the Alta Mira Park design. Design work will begin immediately upon approval of this agreemer require approximately three (3) months to complete. Staff recommends appro' the attached Agreement.
Discussions are ongoing between City staff and the three (3) property ( within Zone 20 to complete an agreement for the improvements to Hidden \ Road. In concept, the agreement will provide no cost dedication of rec rights-of-way for the road construction, cooperation of the property own designing surrounding private developments consistent with the agreed upon Valley Road a1 ignment, and reimbursement of all final costs associated wi Hidden Valley Road construction including design, construction, inspe geotechnical testing, and City staff time from the property owners to the C the time of recordation of final maps on these three (3) properties. negotiations with the three (3) affected property owners are continuing anc anticipated that an agreement will be finalized within the next few months.
maintaining the project schedule by proceeding at this time with the Hidden
believes there are substantial economies to the project and benefi
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Page 2 of Agenda Bi 11 No. /< gbo
Road design consistent with the design of the adjacent Alta Mira Park proj Staff will be returning to the City Council as soon as the agreement with
adjacent property owners is finalized.
FISCAL IMPACT:
The City Counci 1 appropriated $3,087,000 of Pub1 ic Faci 1 i ty Fee funds in
1992-93 Capital Improvement Program budget for the Phase I design and subsec construction of Alta Mira Park. The attached Amendment No. 1 for final df services includes a scope of work to provide a1 1 required design services 1
total cost of $194,680. Additionally, the consultant team will subconsult a qualified geotechnical firm to investigate, analyze, and provide a final rf regarding any agricultural pesticides or other potentially hazardous material soils on the site. The cost of this geotechnical investigation is estimatt be $5,000 bringing the total Phase I final design services to $199,680.
The City Council appropriated $750,000 of TransNet funds in the 1992-93 Cal Improvement Program budget for the design and subsequent constructio improvements to Hidden Valley Road from Camino de las Ondas northerly tc northern Alta Mira Park site boundary. The attached agreement for final dc services includes a scope of work to provide all required design services . total cost of $47,400. All costs, including design, are the subjects of a pel agreement between the City and three (3) adjacent Zone 20 property owners I will provide complete reimbursement to the City prior to recordation of any maps on these three (3) properties.
EXHIBITS:
1. Location map.
2. Resolution No. 'i2-dsh approving Amendment No. 1 to an existing d agreement regarding final design services for Alta Mira Park ar agreement for final design services for improvements to Hidden Valley
3. Amendment No. 1 to existing City of Carlsbad/The Dike Partne agreement.
4. Agreement for final design services for improvements to Hidden Valley between the City of Carlsbad and Crosby, Mead, Benton and Associates
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LOCATION MAP t
uu PALOMAR AIRPORT ROAD
SITE ...................
DE LAS ONDAS
POINSETTIA LANE \\"
I LEGEND
...... ...... ...... ...... ...... ...... C1 AREA TO BE IMPROVED
I PROJECT NAME E> PROJECT #
ALTA MlRA PARK 3348
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1 RESOLUTION NO. 92-266
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 AND AN AGREEMENT REGARDING FINAL DESIGN SERVICES FOR ALTA MIRA PARK AND HIDDEN VALLEY ROAD IMPROVEMENTS, PROJECT NOS. 3348 AND 3409
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5 11 WHEREAS, the City Council of the City of Carlsbad on August 11
6 I1 approved the Master Plan Report for the development of Alta Mira Park; a
7 II WHEREAS, said Master Plan Report identifies a phased developn '11 said park including the construction of permanent access improvements to
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Valley Road consistent with the Phase I construction of the park; and
WHEREAS, the City Council of the City of Carl sbad on December
adopted Resolution No. 91-386 approving a consultant agreement with Ti.
Partnership for the development of said Master Plan Report and providi
subsequent design services for said park; and
WHEREAS, an amendment to said agreement, hereafter identi
Amendment No. 1, has been negotiated between the parties and a scope o
l6 // schedule, and fee proposal has been prepared; and
IT I1 WHEREAS, an agreement for the design of improvements to Hidder
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Road, hereafter identified as the Agreement, has been negotiated betw
I parties .and a scope of work, schedule, and fee proposal has been prepar
2o !I WHEREAS, the City Council of the City of Carl sbad hereby f ''/I necessary, desirable, and in the public interest to proceed with the appr 221/ aforementioned Amendment No. 1 and the Agreement to affect the fina'
23 I/ services required for the development of A1 ta Mira Park and improver
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Hidden Val 1 ey Road.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
27 /I 1. That the above recitations are true and correct.
28 2. That Amendment No. 1 to an existing agreement with -
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Partnership is hereby approved and the Mayor and City Clerk are authori
directed to execute said Amendment No. 1. Following the Mayor’s signa
this amendment, the City Clerk is further authorized and directed to
copies of this resolution and the amendment to The Dike Partnership, att
Mr. Frank Brower, 363 Fifth Avenue, Suite 106, San Diego, California 92
the Community Development Department, Municipal Projects.
3. That an Agreement with Crosby, Mead, Benton and Associates i
approved and the Mayor and City Clerk are authorized and directed to exec
Agreement. Following the Mayor’s signature of this Agreement, the City 1
further authorized and directed to forward copies of this resolut
agreement to Crosby, Mead, Benton and Associates, attention: Mr. George
5650 El Camino Real, Suite 200, Carlsbad, California 92008-7128
Community Development Department, Municipal Projects.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the Ist day of SEPTEMBER , 1992 by the f
vote, to wit:
AYES: Council Members Lewis, Larson, Stanton, Nygaard
NOES: None
ABSENT: Council Member Kulchin &//L /’
CLAUDE‘A. LEWIS, Mayor
ATTEST:
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ALETHA L. RAUTENKFUNZ, City Clyk (SEAL)
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September 18, 1992
Crosby, Mead, Benton and Associates
5650 El Camino Real, Suite 200 Carlsbad, CA 92008-7128
RE: Agreement for the Design and Improvements to Hidden Valley Road and Camino de las Ondas = Alta Mira Park
The Carlsbad City Council, at its meeting of September 1, 1992,
adopted Resolution No. 92-266, approving an Agreement for the Design and Improvements to Hidden Valley Road and Camino de las Ondas - Alta Mira Park.
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In accordance with Section 25 of the agreement, you are required tc file a Conflict of Interest Statement with the City Clerk. Anyone
in the company who is working on this city project must file a Fom
730, Statement of Economic Interests, and must report investments
and interests in real property, Disclosure Category 1, which
includes Schedules A, B, C-1, and C-2. Schedules D through H are not applicable to your disclosure category.
Enclosed for your use in meeting the filing requirements is Forlr
730 and Instruction Manual, and a copy of the Appendix to the Local
Conflict of Interest Code. Upon request additional forms will be
provided.
Your completed Assuminq Office Statement is due in the City Clerk's
Office no later than 5:OO p.m., on Monday, October 19, 1992.
If you have any questions, or need additional forms, please call me at (619) 434-2917.
LI&Rih 4.e -. UN E Z, CMC
Assistant Ci Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2801
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AMENDMENT NO. 1 TO AGREEMENT
FOR DESIGN SERVICES
FOR ALTA MIRA PARK, CITY OF CARLSBAD
THIS AMENDMENT NO. 1, made and entered into as of the 4 th day of
SEPTEMBER , 1992, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "CITY," and THE DIKE PARTNERSHIP,
hereinafter referred to as "CONSULTANT."
RECITALS
WHEREAS, the City Council of the City of Carlsbad, California, adopted
Resolution No. 91-386 on December 3, 1991, approving a consultant agreement for
the development of a Master Plan and supplemental design services for CIWs Alta
Mira Park; and
WHEREAS, the parties to this aforementioned agreement desire to expand the
scope of work to include the preparation of final plans, specifications, and contract
documents for said project including all work related to architectural, landscape,
civil, structural, mechanical, electrical, lighting, acoustical, graphics, cost estimating,
and related design services; and
WHEREAS, a supplemental scope of work and fee schedule have been
negotiated and agreed to between the parties hereto and are attached as Exhibit 1
to this Amendment and is incorporated by reference herein; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds
it necessary, desirable, and in the public interest to proceed with this Amendment
No. 1 for said additional work.
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NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, CITY and CONSULTANT hereby agree as follows:
1. CONSULTANT shall provide CITY all required design services as
identified in attached Exhibit 1 and as stated herein during the design and bidding
phases of CITY'S Alta Mira Park project. Said work shall include, but not be limited
to:
0 Landscape architecture
0 Civil engineering
0 Building architecture
0 Electrical engineering
0 Mechanical engineering
0 Structural engineering
0 Signage, graphics, and acoustical design
0 All other miscellaneous design services required to complete
project plans, specifications, and contract documents required
of CITY to bid CITY'S Alta Mira Park project.
2. CITY shall pay CONSULTANT for all work associated with the
attached scope of work identified as Exhibit 1 based upon the following:
a. Design Development Phase $ 60,740.00
b. Construction Documents Phase $1 18,640.00
c. Bidding Phase $ 5,000.00
d. Reimbursable Expenses $ 10,300.00
e. Site Hazardous Assessment Plan . $ 5,000.00
TOTAL $199,680.00
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3. For the purposes of this Amendment, CONSULTANT shall not exceed
the total cost as described in attached Exhibit 1 without the prior written
authorization of CITY.
4. CONSULTANT shall complete all work under this Amendment for
approval by CITY within six (6) months of the date of execution of this Amendment;
5. All provisions of the aforementioned agreement entered into on
December 3, 1991, by and between CITY and CONSULTANT shall remain in full
force and effect.
6. This Amendment No. 1 to the aforementioned agreement between
CITY and CONSULTANT shall be effective on and from the day first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
THE DIKE PARTNERSHIP
By:
P. Woodward Dike
CLAUDE A. LEWIS
Title: President, The Dike Partnership Mayor
APPROVED AS TO FORM: ATTEST:
Q\fkL&
City Clerk
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City Clerk
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EXHIBIT 1 FOR AMENDMENT NO. 1
TO AGREEMENT FOR DESIGN SERQCES
FOR ALTA MIRA PARK, CITY OF CARLSBAD
1. PHASE I PARK PROGRAM ELEMENTS
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Two (2) restroom buildings including one (1) snackbar
One (1) adult-sized baseball/softball field (lighted)
Two (2) youth-sized baseball/softball fields (lighted)
One (1) adult-sized soccer field (lighted)
One (1) 2-5 year old tot lot
One (1) 6-9 year old tot lot
One (1) full-court basketball court (lighted)
Three (3) tennis courts (lighted)
One (1) temporary maintenance yard
Two (2) batting cages
Parking lot(s) for 150 vehicles
Pedestrian connection to Paseo del Norte
Grading and utilities for entire park development area
Landscape, hardscape, and irrigation design for "central open space"
area on plan "A-2" consisting of approximately 5.1 acres
2. PHASE I PARK PROGRAM ELEMENT EXCLUSIONS
Phase I park program shall not include the following:
a. Bid/construction documents shall be for a single phase of construction
and will not require segmented bid packages.
b. Total park improvement construction budget shall not exceed
$2,640,000.
c. Landscape improvements square footage shall be approximately 34 net.
acres.
d. Construction phase services and fees shall be the subject of a separate
amendment to this agreement.
e. The limit of work will be generally, the entire park site to the daylight line immediately east of the existing watercourse.
f. Areas not receiving permanent landscaping will. be hydroseeded
without irrigation system design.
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3. DESIGN DEVELOPMENT PHASE SERVICES - FEE: $60,740.00
a. Landscape Architecture
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Preliminary base development (entire master plan area)
Preliminary plan (@ 1" = 40' scale)
Cross sections/elevations (@ various scales)
Special drawings (plaza area enlargements) (@ 1" - 20' scale)
Rough grading concept (@ 1" - 40' scale)
Site lighting concept layout (coord. w/electrical engineer)
(@ 1" - 40' scale)
Plant/construction material identification (@ 1" - 40' scale)
Statement of probable construction cost
Coordination
Client/consultant meetings (4)
Incorporation of all landscape mitigation area requirements
required by City or other agencies
b. Civil Ennineering
1) Earthwork quantities
2) Rough grading plan (@ 1" - 40' scale)
3) Statement of probable construction cost
4) Coordination
5) Utility research
6) Client/consultant meetings (4)
C. Architecture
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Preliminary floor plan (@ 1/4" - 1""' scale)
Preliminary roof plan (@ 1/4" - 1'-0" scale)
Preliminary exterior elevations/sections (@ 1/4" = 1'-0" scale)
Preliminary interior elevations (@ 1/4" - 1'-0" scale)
Preliminary details (@ various scales)
Construction material identification
Statement of probable construction cost
Coordination
Client/consultant meetings (4)
. d. Electrical Engineering
1) Fixture selection
2) Preliminary field and park lighting plan (@ 1" - 40' scale)
3) Coordination
4) Client/consultant meetings (4)
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4. CONSTRUCTION DOCUMENT PHASE FEE: $1 18,640.00
a. LandscaDe Architecture
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Base plan refinement (10 base sheets)
Landscape construction plan
Planting plan
Irrigation plan
Landscape lighting plan (fixtures selection/location only)
Details
Special drawings (plaza area enlargements)
Specifications
Statement of probable construction cost Plan check revisions
Coordination
Client/consultant meetings (1 0)
Incorporation of all landscape mitigation area requirements by
City or other agencies
b. Civil Endneering
1)
2)
3)
4)
5)
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8)
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Site structural engineering details
Hydrology study
Precise grading plan
Precise grading details
Horizontal control plan
Erosion control plan
Utility layout plan
Storm drain profile and details
Soils report
Specifications
Statement of probable construction cost
Coordination
Client/consultant meetings
C. Architecture (Scale: Same as Desim Development Phase)
1) Floor plan
2) Roof plan
3) Exterior elevations/sections
4) Interior elevations
5) Architectural details
6) Structural details
7) Foundation plan
8) Mechanical/plurnbing/electrical floor plan
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9) Mechanical/plumbing/electrical diagrams and details
10) Specifications
11) Statement of probable construction cost
12) Coordination
13) Client/consultant meetings (1 0)
d. Electrical Engineering -
1) Electrical site plan
2) Fixture details
3) Single line diagrams
4) Specifications
5) Coordination
6) Client/consultant meetings (5)
5. BIDDING PHASE SERVICES - FEE: $5,000.00
a. Consultant shall be available during City's bidding of the project to
respond to telephone questions and inquiries from prospective bidders,
contractors, subcontractors, suppliers, manufacturers, and all other
parties requesting information contained within the project plans,
specifications, and contract documents.
b. Consultant shall assemble and provide to City for distribution any and
all project addenda that may be required by City during the bidding
phase.
c. Consultant shall provide bidding phase services to City on a time and
materials basis at the hourly rates as stated within the aforementioned
agreement dated December 3, 1991, not to exceed a total of $5,000.
6. REIMBURSABLE EXPENSES a: $10,300.00
a. Reproductions and all blueprinting of submittals.
b. CAD plotting.
c. Photo mylar enlargements/reductions.
d. Xerox copies.
e. Photo mylars for City files.
f. ' Postage, delivery,. telefax, and long-distance telephone.
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g. Photography, slides, prints.
h. Consultant shall provide all miscellaneous services identified above
and shall be reimbursed for the total cost, not to exceed $10,300.
7. SITE HAZARDOUS ASSESSMENT PLAN FEE; $5,000.00
a. Consultant shall provide, or cause to be provided, to City a site
hazardous assessment plan in accordance with the City's requirements.
b. Consultant shall provide the site hazardous assessment plan for a total
cost, not to exceed $5,000.
8. SUBMITTALS
a. Consultant shall make the following submittals to City complete with
all required details, exhibits, specifications, contract documents, and
related contract document materials:
1) Design development phase: 50% and 100% level.
2) Construction document phase: SO%, 90%, and 100% level.
b. Consultant shall incorporate all changes, modifications, and
requirements returned by City, utility companies, building plan check
parties, and others as required by City during submittal review.
c. Upon completion of 100% construction document phase, Consultant
shall submit to City one (1) set of 8-1/2" x 11" camera-ready project
specifications, details, and contract documents for City's reproduction
and use during bidding phase. This submittal shall include the
aforementioned documents contained within a Wordperfect 5.1
compatible disk format.
d. Upon completion of 100% construction document phase, Consultant
shall submit to City one (1) set of 24" x 36" reproducible mylars of
project plans for City's reproduction and use during bidding phase.
Reproducible mylars shall be the originals or photo mylars, with no
stick-ons or other attachments.
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AGREEMENT FOR THE DESIGN AND
IMPROVEMENTS TO HIDDEN VALLEY ROAD
AND CAMINO DE LAS ONDAS
ALTA MIRA PARK: CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the 4 th day of
SEPTEMBER , 1992, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and CROSBY, MEAD, BEI"ON AND
ASSOCIATES, hereinafter referred to as "Consultant".
RECITALS
City requires the services of an engineering consultant to provide the
necessary engineering design services for preparation of final engineering plans,
specifications, estimates, and contract documents for the improvements to Hidden
Valley Road; 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. CONSULTANTS OBLIGATIONS
Consultant shall:
" A. Existing Data Review - Gather necessary information from the property
owners, their engineers and City. Review and analyze all the available information
in order to incorporate into the final street design.
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B. Design Surveys and Existinn Utilitv Locations - Provide field cross
sections at minimum of SO-foot intervals along Camino De Las Ondas to indicate
existing street elevations, utilities and structures. The cross-sections shall be used
to design proposed street grades with cut and fill slopes.
C. Street ImDrovement Plans - Prepare one set of combined 40”scale
street improvement, storm drain and grading plans for Hidden Valley Road and
Camino De Las Ondas on City provided mylars. For the purposes of this agreement,
Hidden Valley Road improvements are defined as those extending from Camino De
Las Ondas northerly to northern property line of City‘s Alta Mira Park site. The
4O’-scale plan and profile combined plans will reflect the grading of the roadways
with cuts and embankments. The grading will be based upon the aerial topographic
maps, the soils and geology reports provided by the property owners. The combined
plans will indicate street elevations, rough grade contours and elevations, sewer,
water and drainage facilities, erosion control facilities and utility relocations. The
proposed street improvements will also include curb, gutter, sidewalk, driveways
and street lights, water, telephone, cable television, and all other required drainage
and utilities. No separate grading plans and landscaping plans are included other
than those required for erosion control which shall be provided under this
agreement, Prepare an estimate of earthwork quantities for the Fading, using
information such as soils shrinkage, swell and settlement which will be provided by
the soils reports. Prepare a hydrologic study and hydraulic calculations for the
drainage facilities with no detention basin included. Prepare a final cost estimate
for the design improvements. Process plan package to City for approval.
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D. Traffic Simal - Plan - Provide a traffic signal plan at the intersection of
Paseo Del Norte and Camino De Las Ondas. Provide signing and striping plans and
detour plans, if required, for the turning movements and traffic controls at the
intersection. Provide street lighting plans with electrical connections to serve street
lights and traffic signals.
E. Specifications and Bid Documents - Prepare complete construction
contract documents including technical specifications and special provisions.
Provide typed original and a copy of floppy disk in Wordperfect 5.1 DOS format.
F. Coordination and Meetinzs - Provide project coordination and
meetings with City, adjacent property owners, 'and their engineers as required to
properly accomplish the tasks described above. A total of forty (40) hours have
been budgeted for this item of work and will not be exceeded without prior written
authorization from City.
G. Reimbursable ExDenses - Consultant shall pay the cost of all
blueprints, reproductions, fax charges, delivery charges and all other changes not
specifically covered by the final contractual agreement. Consultant shall invoice City
for all costs related to reimbursable expenses as stated herein.
2. CITY OBLIGATIONS
The City shall appoint a designated representative to work with Consultant
in this project. City shall provide Consultant with 24" x 36" mylar sheets with City
title block for Consultant's use. City shall provide Consultant with copies of all
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I' existing and available data, reports, records, maps, exhibits, geotechnical data, title
reports, and any other available information to assist Consultant in this project.
City shall provide all rightaf-way documents required of project.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt
of notification to proceed by the City and be completed within three (3) months of
that date. 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 total shall not exceed the fee payable according to Paragraph 6, "Payment
of Fees," and shall be $47,400 in accordance with attached Exhibit 1 incorporated
by reference and made a part hereof. No other compensation for services will be
allowed except those items covered by supplemental agreements per Paragraph 8,
"Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of two (2) years from date thereof.
The contract may be extended for two (2) additional one (1) year periods or parts
thereof, based upon satisfactory performance and the City's needs.
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6. PAYMENT OF FEES
Consultant shall submit to City on a monthly basis, a detailed invoice
including percentage of design completed in accordance with the work accomplished
for the preceding month following the general outline of tasks and fees as
articulated in Section 1 of this agreement and described in attached Exhibit 1.
7. FINAL SUBMISSIONS
Within ten (10) days of completion and approval of the final plans,
specifications, estimates, and contract documents by City, the Consultant shall
deliver to the City the following items:
A. One (1) set of final plans on mylar, no "stick-om".
B. One (1) set of 8-1/2" x 11" specifications, camera-ready.
C. One (1) 5-1/4" floppy disk containing project specifications and
contract documents in Wordperfect 5.1.
8. CHANGES IN WORK
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 rhe 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
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prepared by the City and approved by the City according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. . Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any
company or person, other 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.
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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, 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
his authorized representative. The City Manager or his authorized representptive
shall make a determination of fact based upon the documents delivered to City of
the percentage of work which the Consultant has performed which is usable and of
worth to the City in having the contract completed. Based upon that finding as
reported to the City 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
7 Rev. 2/3/92
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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
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
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the City only as to the result to be accomplished, but shall consult 4th 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 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. CONFORMITY 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.
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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,
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. REPRODUCTION 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.
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 personal injuries or death caused by, or resulting from, any
intentional or negligent acts, errors or omissions 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 claims, liabilities, penalties or fines, including liabilities or claims by
reason of alleged defects in any plans and specifications, and any cost, expense or
attorney's fees which are incurred by the City on account of any of the foregoing.
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19. ASSIGNMENT OF CONTRACX
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. SUBCONTRACXNG
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. PROHIBlTED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of 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
any executive, supervisory, or similar functions in connection with the performance
11 Rev. 2/3/92
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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. EFFECIWF, DATE
This agreement shall be effective on and from the day and year first above
written.
25. CONFLICX OF INTEREST
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.
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26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance,
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. 91-403 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.
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The City shall be named as an additional insured on these policies. The
Consultant dxdl fumish cenificates of insurance to the City before commencement
of work.
Executed by Consultant this 2 7 eL, day of J UL~ 9
1992.
CONSULTANT: CITY OF CARLSBAD, a municipal
CROSBY, MEAD, BENTON AND
ASSOCIATES
(name of Consultant)
W'AClTY CLAIMED BY
personally appeared
n nprrnn-ll.. I -- \fl
STATE OF CALIFORNIA ss.
COUNTY OF SAN DIEGO
On ~3~9 and for said County and State, personally appeared c~~~u~- c ' ;57*d-
. personally known to me (- me on Tl5FB""L"lyLylftCtfi-c
to be the ~ L, imd ex&*\.! 2" -4 \ c, IP==== knm t- m,+.-{G~-the basis- o€ sa-tli;sfmztar-]r- widence) --to bl
the-- ~ ~ ~ instrument, and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and acknowledged
that such corporation executed the within instrument pursuant to its BY-
a Resolution of its Board of Directors.
.- -lTQ ,f , 19- PL "L , before me, the undersigned, a Notary Pul
pfL=i ( ,;? 74 r
~~." "_~ ~ .~ of the corporation that executed the w
"
WITNESS my hand and official seal. "7/y&7
Signature: // - ---g: ~~. " 1. 3 c-'nnJ d. -J
Name (typed or printed)
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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.
Executed by Consultant this 2 7 fc, day of JULY 9
1992.
CONSULTANT: CITY OF CARLSBAD, a municipal
CROSBY. MEAD, BENTON AND
ASSOCIATES
(name of Consultant)
By:
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
(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:
RONALD R. BALL
Acting City Attorney
BY .mk Deputy City At
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If 9 0 0 EXt Pa:
SCHEDULE OF FEES
STAFF LEVEL HOURLY RATE
I. Principal
2. Project Manager
3. Project Engineer
4. Assistant Project Engineer
5. Drafter
6. Processor
7. Two Man Survey Crew
$1 00
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September 9, 1992
The Dike Partnership
San Diego, CA 92101
Attention: Mr. Frank Brower
363 Fifth Avenue, Suite 106
RE: Amendment No. 1 to Agreement For Design Services for Alta Mira
Park, City of Carlsbad
The Carlsbad City Council, at its meeting of September 1, 1992, adopted Resolution No. 92-266, approving Amendment No. 1 tc Agreement for Design Services for Alta Mira Park.
Enclosed is an original of the agreement and a copy of Resolutior
No. 92-266 for your files.
ALETHA bk~ L. RAUTENKRANZ, CMC
City Clerk
ALR: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C
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September 9, 1992
Crosby, Mead, Benton and Associates
5650 El Camino Real, Suite 200 Carlsbad, CA 92008-7128
Attention: Mr. George Benton
RE: Agreement for the Design and Improvements to Hidden Valley Road and Camino de las Ondas - Alta Mira Park
The Carlsbad City Council, at its meeting of September 1, 1992,
adopted Resolution No. 92-266, approving an Agreement for the
Design and Improvements to Hidden Valley Road and Camino de las Ondas - Alta Mira Park.
Enclosed is an original of the agreement and a copy of Resolution
No. 92-266 for your files.
w.R az-")
ALETHA L. RAUTENKRANZ, CMC City Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 (61 9) 434-280