HomeMy WebLinkAbout1996-03-19; City Council; 13550; APPROVAL OF CONSULTANT AGREEMENT FOR THE CARILLO RANCH MASTER PLANII
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RECOMMENDED ACTION:
CITY M CARRILLO RANCH MASTER PLAN DEPT. CSD
CITY A APPROVAL OF CONSULTANT AGREEMENT FOR THE
Adopt Resolution No. Lib -8.8 approving a consultant agreement with KTUU fol
development of a Master Plan for Carrillo Ranch, Project No. 3456.
ITEM EXPLANATION:
The City Council has appropriated funds for the development of a Master Plan for C’
Ranch in the 1995-96 Capital Improvement Program. The Carrillo Ranch park site cc
of 27 acres located in a valley, south of Palomar Airport Rd. and east of El Camino I
The property belonged to 1930’s and 40’s Hollywood star Leo Carrillo, whose idea c
recreate an Old California working ranch. He built the ranch in 1937 and used it as i
retreat and a place to entertain guests including many famous stage and screen
celebrities.
The park is designated as a “community park” site in the Parks and Recreation Elen
of the General Plan. Rather than having a recreational emphasis, as in the typical
Carlsbad community park, this park will focus on historical, cultural, and educational
aspects with limited passive recreational uses.
The City currently owns 10.5 acres of the total park site which includes the ranch
structures. The developers of the surrounding “Rancho Carrillo” project have set asic
16.4 acres adjacent to the City’s property for additional parkland. This land is delinei
in their approved master plan. The City will actually take title to the land upon recorc
of the final map which will occur at an undetermined future date. The park Master P
project area will include both properties for a total of 26.9 acres.
In March, 1995, a “Consultant Selection Committee” composed of 2 Parks and Recrc
Commissioners, 1 Historic Preservation Commissioner, the Carrillo Ranch Volunteer
Curator, and staff, was formed to chose a consultant for the Master Plan. Staff solici
statements of qualifications from landscape architectural firms interested in this proje
Twenty submittals were received. The Committee reviewed the submittals and “short
listed” seven firms to submit further proposals and to be interviewed. Those firms w
OGarbini & Garbini mKTU 8. A
.IW Landscape Architects .EPT
.WYC .Burton Associates
~Estrada Land Planning
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On September 13 and 14, 1995, interviews were conducted with the seven firms. The
of KTU&A was chosen as best qualified to develop the Carrillo Ranch Master. Staff t
had several meetings with the consultant to developed a detailed scope of work and
negotiate a fee (Exhibit 3, Consultant’s Agreement).
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pg. 2. of Agenda Bill No. i 9, 5 !; Cv
A “Carrillo Ranch Steering Committee’’ has been formed to help guide the
development of the Master Plan over the next year. The Steering Committee
consists of 2 Parks and Recreation Commissioners, 1 Historic Preservation
Commissioner, 1 Arts Commissioner, the Carrillo Ranch Volunteer Curator, and
staff from various departments. Because of the unique nature of the park, it is
anticipated that the Master Plan process will include an extensive public outreach program including workshops and informational meetings, It is expected that the
Plan will take approximately one year to complete.
FISCAL IMPACT:
The consultant’s fee for the preparation of the Master Plan is $145,567. An additic
$10,050 (not to exceed) has been allocated for reimburseable cost (e.g., printing,
The City Council has previously appropriated $250,000 for the Carrillo Ranch Mas
the 1995-96 Capital Improvement Program.
The overall development of the Carrillo Ranch per the 1995-96 Capital Improveme
Program is as follows:
I PHASE I FISCAL YEAR I AMOUNT I I I
Master Plan
(construction drawings)
1999-2000 Design
1996-97
Phase I 2000-2005
(1 0.4 acres)
Phase II
(1 6.4 acres)
2005 +
1 $250,000
$250,000
I I $1,750,000
$1,150,000
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EXHIBITS:
1. Resolution No. ‘kc - % approving a consultant agreement with KTU&A
the Master Plan of Carrillo Ranch
2. Location Map
3. Consultant Agreement
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RESOLUTION NO. 96-88
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A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT
AGREEMENT WITH KTU & A FOR THE MASTER PLAN OF
CARRILLO RANCH PROJECT NO. 3456.
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necessary, desirable and in the public interest to appropriate funds and has b 5
WHEREAS, the City Council of the City of Carlsbad, California, has deter
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in the 1995-96 Capital Improvement Program budget for the Carrillo Ranch Mas
and
WHEREAS, Request for Proposals were solicited, finalists selected, ir
completed, and a consultant agreement negotiated with the recommended firn
& A of San Diego, California; and
WHEREAS, the recommended firm possesses the necessary skills, bac
13 and expertise to accomplish the project.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
l5 11 California, the following:
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1. That the above recitations are true and correct.
2. That a consultant agreement with KTU & A is hereby approved
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the execution of said agreement, the City Clerk is further authorized and dil 20
I Mayor and City Clerk are authorized and directed to execute said agreement. F
forward copies of the agreement to the Community Services Department and I
22 attention Mr. Michael Theilacker, 6165 Greenwich Drive, Suite 200, San Diego Ci
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Co
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the City of Carlsbad, California, held on the 19th day of MARCH , 1996, by the fc
vote to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
&u<EN%a?G
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PROJECT NAME: EXHl
CARRILLO RANCH MASTER PLAN f
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AGREEMENT
THIS AGREEMENT, made and entered into as of the 25 th day of MAWA
1996, by and between the CITY OF CARLSBAD, a municipal corporation, herein2
referred to as "City", and KTU & A, hereinafter referred to as "Contractor."
RECITALS
City requires the services of a landscape architectural firm (Contractor) to pro\
the necessary design and planning services for preparation of the '6ARRILLO RAh
MASTER PLAN, hereinafter referred to as "Master Plan"; and Contractor possesses
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual coven:
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
Consultant shall prepare Master Plan in accordance with the following scope of wo
SCOPE OF WORK
Task 1 - Introduction 1 Meetinq with Citv Staff
Contractor and subcontractors will participate in start up meeting with City Stai
introduce team and discuss project requirements and strategies.
Task 2 - Collect and Review Data
Review all existing and new data associated to project, including but not limited to,
following:
- Records of previous discussions, existing studies and reports.
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- Discussions with City and curator.
- Existing drawings and documents.
- Historical photographs, articles, records and files.
- Existing building and structural inspection reports.
- Utility information.
- Review and update existing construction documents for conformance with tt-
Secretary of the Interior's Standards for Rehabilitation and the State Historic2
Building Code.
- Environmental documentation (existing EIR).
- Adjacent development approvals (as they relate to the park).
- Miscellaneous City reports.
- Research at the San Diego County Survey for Record Map.
- Review City provided document (EIR, soils).
- Research existing water, sewer, storm drain, streets at City.
- Research existing dry utilities.
Task 3 - Base Map
Coordinate and prepare base sheets from existing topographic and boundar
information. Oversee Engineer and Architect in digitizing accurate information related tl
existing and proposed road and utilities. Coordinate quality of final base for all propose'
maps, alternatives and master plan schemes.
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Task 4 - Bioloqical Survev
Participate in site meeting and coordination of all existing field notes and studic
regarding Landscape Inventory for Biological resource and Constraints Maps. ,Assist
facilitating meetings with City (2 max.) for review and comments on maps.
Task 5 - Opportunities and Constraints Maps
Provide map including findings of tasks 2.0, 4.0, and any other issues of significance 1
the Master Plan. The information will show, but not be limited $0: Site analysi:
historically sensitive areas, land use, slopes, soils, circulation, existing vegetation/riparia
areas, and views. Areas will provide focus on Leo Carrillo’s life and history as they toc
place on the Ranch, in addition to earlier Ranch history and events.
Task 6 - Meetinq at Site
Meet on site with City Staff to discuss task 5.0.
Task 7 - Carrillo Ranch Steerinq Committee (CRSC) Meetinq
Meet with CRSC and Staff to discuss tasks 5.0 and 6.0.
Task 8 - Announcements - Public Workshops
Coordinate and produce announcements for public workshop meeting (to be sent 01
by City).
Task 9 - Workshop Exhibits and Preparation
Develop, produce, coordinate, and organize exhibits for display to the public durinl
workshops. Items to include but not be limited to; existing architectural drawings,
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photos, opportunities, and constraints maps, biological research and constraints map
overall base maps, questionnaires, slide shows of Leo Carrillo’s life and graphic exhibi
of ideas and special places.
Task 10 - Workshop
Facilitate public and children’s workshop (if required) with assistance of Wayn
Donaldson’s office (MWD). Contractor will review, analyze, and produce summary (
meeting results.
Task 11 - Meetinq with CRSC
Attend meeting with CRSC and present workshop findings and notes with discussion (
strategies and direction.
Task 12 - Preliminaw Master Plan
Prepare up to (3) alternative master plans (sketch form) for review. The detaile
preliminary Master Plan will provide, but not be limited to, the following information:
a. General Proqramminq Requirements - Include elements required by currer
Preservation Law regarding a historical site. Team will coordinate, revie
with the State Office of Historic Preservation and the National Park Servicc
b. Environmental - Review and comment on potential impacts as identified i
Task 4.
c. Historical Context - Identify all historical elements to provide the contextu:
planning basis for the development of the Master Plan.
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d. Engineerinq - Coordinate and review all engineering concepts and detail
for compliance with the Secretary of the Interior's Standards and the Sat
Historical Building Code.
e. Circulation - Provide circulation layout in regards to visitor access, parkin(
pedestrian usage, and service access. Supply the historical backgroun
on the operations of the Ranch, view sheds and "aesthetic" corridors.
f. Utilities - Contractor and MWD will assist O'Day & Associates and provid
current information available for use and location.
g. Public Art - Coordinate and review appropriate type and form of public a
for the Ranch (the addition of public art into a historical site is subject I
Preservation Law and National Park Service criteria).
h. Landscape - Develop landscape themes and ideas for review and commet
inclusive but not limited to, arboretum, existing garden areas, slopes an
streetscape, erosion control, visitor center, and existing riparian corrido
The landscape will follow the National Park Service's Guidelines for tt-
development of historic sites and the City's Landscape Manual.
i. Architectural Themes - Assist in the development of an approprial
architectural theme and analysis for adaptive refuse of the buildins
currently on site. Team will analyze and recommend the introduction (
missing features and propose suitable historical events (e.9. rodeos) (
operations on the ranch (e.g. horse stables). Investigate and provide
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sketches for the possible addition of new structures on site for visitor’s us
(e.g. information center, restroom, child care, etc.) Analyze and design thl
criteria for making the site and buildings accessible to persons wit1
disabilities (NPS [National Park Service] Preservation Brief #32 will be thl
design document). The adaptive refuse and possible addition of nec
structures will follow the Secretary of the Interior’s Standards for thf
Rehabilitation of Historic Building. Team will employ the consultan
services of Ms. Pamela Seager, Executive Director of Los Alamitos Historic
Park in Long Beach to review and comment on the architectural theme:
and other proposed uses at the Ranch.
j. Graphic Themes - Team will provide the graphic themes in the appropriate
historical context.
k. Financial - Contractor will be assisted by Dealy Development, MWD anc
Pamela Seager in the development of appropriate themes and events that
have been successful at the other historic ranch sites for producing income
and increasing public awareness of the ranch. Team will address
maintenance and operational concerns.
Task 13 - Development and Operations Costs
Development and operational costs estimates will be provided for the adaptive refuse of
buildings, artifacts, paved areas, landscape drainage, maintenance, and code upgrade
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including seismic, electrical, plumbing, hazardous material and toxic waste an
accessibility standards.
Task 14 - Meetinqs with CRSC
Attend meeting, discuss and review with CRSC, .the preliminary Master Plan (Task 1;
in conjunction with Task 13.0.
Task 15 - Announcement - Public Open House
Coordinate and produce announcement for public workshop meeting. (To be sent 01
by the City).
Task 16 - Open House
Facilitate public open house, and present preliminary Master Plan with assistance c
MWD. Contractor will document, review, analyze and produce summary of meetin
results.
Task 17 - Meetinq with CRSC
Attend meeting with CRSC and City to present Open House findings and notes. Fin;
strategies will be discussed for direction of Master Plan.
Task 18 - Final Master Plan
Prepare final Master Plan with inclusion of all consultants related graphics and text. Fifi
copies will be reproduced for City submittal.
Task 19 - General
Prepare and distribute meeting minutes for all meetings involving the City.
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2. CITY OBLIGATIONS
The City shall designate an authorized representative of the City to assist in th
coordination of the Master Plan with the Consultant. City shall make available 1
Contractor any existing City records, reports, photographs, studies, data or otht
information as may assist Contractor in preparation of the Master Plan.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt c
notification to proceed by the City and be completed within 365 days of that date
Extensions of time may be granted if requested by the Contractor and agreed to i!
writing by the City. The City will give allowance for documented and substantiate(
unforeseeable and unavoidable delays not caused by a lack of foresight on the part o
the Contractor, or delays caused by City inaction or other agencies’ lack of timely action
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4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $145,56
Reimbursable expenses related to this contract will be paid on a time and material bas
including printing and reproduction, film and film processing, automobile miIeage/travc
out of town (if approved by the City) and equipment rental. Reimbursable expenses sh:
not exceed $10,050 (without City approval). No other compensation for services will t
allowed except those items covered by supplemental agreementsjper Paragraph i
"Changes in Work." The City reserves the right to withhold a ten percent (10%) retentic
until the project has been accepted by the City.
5. DURATION OF CONTRACT
This agreement shall extend for a period of eighteen (18) months from dat
thereof. The contract may be extended by the City Manager for one (1) additional on
(1) year period or parts thereof, based upon a review of satisfactory performance and th
City's needs. The parties shall prepare extensions in writing indicating effective date an(
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor withi
14 days after the invoice was submitted and approved.
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7. FINAL SUBMISSIONS
Within fifteen (1 5) days of completion and approval of the Master Plan tt
Contractor shall deliver to the City the following items:
a. Fifty (50) copies of the final Master Plan,
b. Original copies of all exhibits, maps, photographs, reports, data and othl
information used to assemble the final Master Plan.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or tt
City, and informal consultations with the other patty indicate that a change in tt-
conditions of the contract is warranted, the Contractor or the City may request a chang
in contract. Such changes shall be processed by the City in the following manner:
letter outlining the required changes shall be forwarded to the City by Contractor 1
inform them of the proposed changes along with a statement of estimated changes I
charges or time schedule. A Standard Amendment to Agreement shall be prepared k
the City and approved by the City according to the procedures described in Carlsbai
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rendc
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any compar:
or person, other than a bona fide employee working for the Contractor, to solicit or
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secure this agreement, and that Contractor has not paid or agreed to pay any compar
or person, other than a bona fide employee, any fee, commission, percentage, brokerag
fee, gift, or any other consideration contingent upon, or resulting -from, -the award 01
making of this agreement. For breach or violation of this warranty, the City shall hav
the right to annul this agreement without liability, or, in its discretion, to deduct from th
agreement price or consideration, or othenvise recover, the full amount of such fee
commission, percentage, brokerage fees, gift, or contingent fee. 7’
IO. NONDlSCRlMlNATlON CLAUSE
The Contractor shall comply with the state and federal laws regardin(
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the worb
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
contractor. The Contractor, thereupon, has fifteen (I 5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor 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.
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This agreement may be terminated by either party upon tendering thirty (30) day:
written notice to the other party. In the event of such suspension or termination, upot
I request of the City, the Contractor shall assemble the work product and put same il
order for proper filing and closing and deliver said product to City. In the event c
termination, the Contractor shall be paid for work performed to the termination datc
however, the total shall not exceed the lump sum fee payable under paragraph 4. Th
City Manager shall make the final determination as to the portions 04 tasks complete
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreemen
the following procedure shall be used to resolve any question of fact or interpretation nc
otherwise settled by agreement between parties. Such questions, if they becom
identified as a part of a dispute among persons operating under the provisions of th
contract, shall be reduced to writing by the principal of the Contractor or the Cil
Community Services Director. A copy of such documented dispute shall be forwarde
to both parties involved along with recommended methods of resolution which would 0
of benefit to both parties. The City Community Services Director or principal receivin
the letter shall reply to the letter along with a recommended method of resolution with
ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party,
letter outlining the dispute shall be forwarded to the City Council for their resolution
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through the Office of the City Manager. The City Council may then opt to consider thc
directed solution to the problem. In such cases, the action of the City Council shall b
binding upon the parties involved, although nothing in this procedure shall prohibit th
parties seeking remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must b
asserted as part of the contract process as set forth in this agreement and not i
anticipation of litigation or in conjunction with litigation. The Contractor acknowledge
that if a false claim is submitted to the City, it may be considered fraud and th
Contractor may be subject to criminal prosecution. The Contractor acknowledges th:
California Government Code sections 12650 et seq., the False Claims Act, provides fc
civil penalties where a person knowingly submits a false claim to a public entity. Thes
provisions include false claims made with deliberate ignorance of the false informatio
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seek
to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigatio
costs, including attorney's fees. The Contractor acknowledges that the filing of a fals
claim may subject the Contractor to an administrative debarment proceeding wherein tl-
Contractor may be prevented to act as a Contractor on any public work or improveme!
for a period of up to five years. The Contractor acknowledges debarment by anothf
jurisdiction is grounds for the City of Carlsbad to disqualify the contractor from tt-
selection process. rn
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The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.02
and 3.32.028 pertaining to false claims are incorporated herein by reference. &,tia
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s OWI
way as an independent contractor and in pursuit of Contractor’s independent calling, an(
not as an employee of the City. Contractor shall be under control of the City only as tc
the result to be accomplished, but shall consult with the City as p’rovided for in thc
request for proposal. The persons used by the Contractor to provide services under thk
agreement shall not be considered employees of the City for any purposes whatsoever
The Contractor is an independent contractor of the City. The payment made tc
the Contractor pursuant to the contract shall be the full and complete compensation tc
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or unemploymenl
contributions on behalf of the Contractor or his/her employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, reti~efTIefl1
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
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The Contractor shall be aware of the requirements of the Immigration Reform an
Control Act of 1986 and shall comply with those requirements, including, but not limit€
to, verifying the eligibility for employment of all agents, employees, subcontractors ar
Consultants that are included in this agreement.
15. CONFORMIN TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to E
applicable requirements of law: federal, state and local. contractor shall provide 2
necessary supporting documents, to be filed with any agencies whose approval i
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 herei
required are the property of the City, whether the work for which they are made b
executed or not. In the event this contract is terminated, all documents, plan:
specifications, drawings, reports, and studies shall be delivered forthwith to the City
Contractor shall have the right to make one (1) copy of the plans for hislher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the worl
pursuant to this contract shall be vested in City and hereby agrees to relinquish all claim!
to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and it:
officers, officials, employees and volunteers from and against all claims, damages, lasses
and expenses including attorney fees arising ’ out of the performance of the worl
described herein caused in whole or in part by any negligent act or omission of thc
contractor, any subcontractor, anyone directly or indirectly employed by any of them o
anyone for whose acts any of them may be liable, except where caused by the activc
negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at his own expense, upon written request by the City, defend an
such suit or action brought against the City, its officers, officials, employees an(
volunteers. Contractor’s indemnification of City shall not be limited by any prior c
subsequent declaration by the contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies du
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under thi
contract by the Contractor, Contractor shall be fully responsible to the City for the acj
and omissions of Contractor’s subcontractor and of the persons either directly (
indirectly employed by the subcontractor, as Contractor is for the acts and omissions (
persons directly employed by Contractor. Nothing contained in this contract shall crea‘
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any contractual relationship between any subcontractor of Contractor and the City. Tht
Contractor shall bind every subcontractor and every subcontractor of a subcontractor b!
the terms of this contract applicable to Contractor's work unless specifically noted .to tht
contrary in the subcontract in question approved in writing by the City,
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City tc
negotiate, make, accept, or approve, or take part in negotiating, mdiing, accepting, o
approving of this agreement, shall become directly or indirectly interested personally il
this contract or in any part thereof. No officer or employee of the City who is authorize(
in such capacity and on behalf of the City to exercise any executive, supervisory, o
similar functions in connection with the performance of this contract shall become directll
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 thc
City, either before, during or after the execution of this contract, shall affect or modify an;
of the terms or obligations herein contained nor entitle the Contractor to any addition:
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 inure to and shall bind each of the parties heretc
and each of their respective heirs, executors, administrators, successors, and assigns
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24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict 0'
interest statement as a requirement of this agreement. However, Contractor hereb)
acknowledges that Contractor has the legal responsibility for complying with the Politica
Reform Act and nothing in this agreement releases Contractor from this responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and an]
and all amendments insurance against claims for injuries to persons or damage tc
property which may arise out of or in connection with performance of the work hereunde
by the contractor, his agents, representatives, employees or subcontractors. Saic
insurance shall be obtained from an insurance carrier admitted and authorized to d(
business in the State of California. The insurance carrier is required to have a currer
Best's Key Rating of not less than "A-:VI and shall meet the City's policy for insuranc
as stated in Resolution No. 91-403.
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A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum limits indicated
herein, unless a lower amount is approved by the City Attorney or City Manager: <
1. Comprehensive General Liability Insurance. $1,000,000 combined single-
limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate,;shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for contractor’s
work for the City). $1,000,000 combined single-limit per accident for bodily injury and
property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation
limits as required by the Labor Code of the State of California and Employer’s Liability
limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to the
contractor’s profession with limits of not less than $250,000 (Self Funded Trust).
Coverage shall be maintained for a period of five years following the date of completior-
of the work.
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B. Additional Provisions.
Contractor shall ensure that the policies. of insurance required under thi!
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies excludins
Workers’ Compensation and Professional Liability,
2. The contractor shall furnish certificates of insurance to the City befort
commencement of work. 1/
3. The contractor shall obtain occurrence coverage, excluding Professiona
Liability which shall be written as claims-made coverage,
4. This insurance shall be in force during the life of the agreement and an;
extension thereof and shall not be canceled without 30 days prior written notice to thc
City sent by certified mail.
5. If the contractor fails to maintain any of the insurance coverages require(
herein, then the City will have the option to declare the contractor in breach, or ma
purchase replacement insurance or pay the premiums that are due on existing policie
in order that the required coverages may be maintained. The contractor is responsibll
for any payments made by the City to obtain or maintain such insurance and the Cit
may collect the same from the contractor or deduct the amount paid from any sums du
the contractor under this agreement.
rev.2/8/9
20
0 0 .
27. RESPONSIBLE PARTIES
The name of the persons who are authorized.to give written notices or to receivc
written notice on behalf of the City and on behalf of the Contractor in connection with thc
foregoing are as follows:
For City: Title Park Development Coordinator
Name Mark Steyaert
Address 1200 Carlsbad Village: Drive
Carlsbad CA 92008
For Contractor: Title Vice Pr-
Name Michael A. Theilacker
Add ress 6165 Greenwich Drive, Suite 2
> an nlpcrn; CA 97173
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for th
duration of the contract.
rev.2/8/(
21
e e .
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to o
contemplated herein, embody the entire agreement and understanding between thc
parties relating to the subject matter hereof. Neither this agreement nor any provisiol
hereof may be amended, modified, waived or discharged except by an instrument il
writing executed by the party against which enforcement of such amendment, waiver c
discharge is sought.
Executed by Contractor this ZBTH- day of /?%$&w~w .*' 19 76. 1-
CONTRACTOR:
/7Z/ft4 corpor-jy/f +h@
"
CITY OF CARLS
H A- .
(name of Contractor)
By: By:
(sign herq
/Mjc/&e/ A - Th G/ I&~cH, +* ATTEST:
(print name/title) v- f7
By:
(sign here)
(print name/title) City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corpor
tions. If only one officer signs, the corporation must attach a resolution certified by tk
secretary or assistant secretary under corporate seal empowering that officer to bind tk
corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
rev.2181
22
.
CALIFORNIA ALL-PUR ia E ACKNOWLEDGMENT 0
8
On 3 *aAQCP
personally appeared N personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/;
subscribed to the within instrument and 2
knowledged to me that he/she/they execul
the same in his/her/their authoriz
capacity(ies), and that by his/her/th
signature(s) on the instrument the person(
or the entity upon behalf of which t
person(s) acted, executed the instrume
NAME(S) OF SIGNER@)
SlGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEL
a3L NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTIN
01993 NATIONAL NOTARY ASSOCIATION * 8236 Remrnel Ave., P.0 Box 7184 * Carloga Park. CA !
. , ,, ,,% , , .
',
I, .
LANDSCAPt
ARCHITECT1
t PUNNING
6165 Green'
Suite 200
San Diego, (
(619) 452-21
FAX(619)4
KTU+A, INC.
Corporate Resolution
This resolution hereby certifies that Michael A. Theilacker, as KTU+A Corporate
Secretary and Vice President, is empowered as an Officer of the Corporation to
bind the Corporation, as of this date, February 27, 1996, by the undersigned
Officers of the Corporation.
President
Michael A. Theilacker Secretary
trdnr ti Kat,;<
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