HomeMy WebLinkAbout1996-11-12; City Council; 13891; CONSULTANT AGREEMENT FOR DEVELOPMENT OF THE I-5 CORRIDOR DESIGN PLANa > c a: a, a
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DEPT. HD. AB# J389 I - TITLE CONSULTANT AGREEMENT FOR
MTG. 11-12-96 1-5 CORRIDOR DESIGN PLAN CITY ATTY
DEPT. ENG CITY MGR.
CITY OF CARLSBAD - AG P NDA BILL 0
DEVELOPMENT OF THE
RECOMMENDED ACTION:
Adopt Resolution No. 9 6 - 3 96 authorizing the Mayor to execute a
agreement with Kawasaki, Theilacker, Ueno & Associates for the development of the
Design Plan.
ITEM EXPLANATION:
The City’s Engineering Department is embarking on the development of a comprehe plan incorporating both landscaping and artistic statements along Interstate 5 through tt
will enhance Carlsbad’s coastal community feeling. The purpose of this project is ‘
design concept “master plan” document for the Interstate 5 corridor through Carlsbad
visually strong and pleasing and which enhances the natural and built environments alor
The design plan will develop a visual identity for the City while maintaining Carlsbad’s
community relevance.
The plan will also focus on opportunities for expression through public art throughoi
corridor. Special emphasis will be placed at the north and south entrances to the 1
propose monument statements which identifies that the driver is entering Carlsbad.
In order to prepare a comprehensive design plan, public input is essential at the be through the entire process. The consultant firm will be conducting citywide public wo
forums to encourage ideas from various sectors of the Carlsbad community.
An additional element of the design process is to prepare complete working landscape
Palomar Airport Road and 1-5 interchange. The City has been recommended
Environmental Enhancement and Mitigation Program (EEMP) funds for this interchanc
Earlier this year, the City Council appointed an ad-hoc citizens committee called the Landscaping Advisory Committee. The Committee interviewed three landscape ai
teams and recommended the firm of Kawasaki, Theilacker, Ueno & Associates as the (
to complete the required tasks.
development of future enhancement projects. The design plan will propose a scenic cc
FISCAL IMPACT:
The Council previously appropriated $125,000 through the adoption of the N 19%
Improvement Program. The consultant contract for Kawasaki, Theilacker, Ueno & As5
not-to-exceed amount of $124,523.00.
EXHIBITS:
1. Resolution No. 919 - 3 76 authorizing the Mayor to execute a consultan
with Kawasaki, Theilacker, Ueno & Associates for the development of the
Design Plan.
Consultant agreement with Kawasaki, Theilacker, Ueno & Associates. 2.
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- RESOLUTION NO. 96 376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A CONSULTANT AGREEMENT WITH KAWASAKI,
THEILACKER, UENO & ASSOCIATES FOR THE DEVELOPMENT OF
WHEREAS, the City of Carlsbad is interested in developing a comprehensive dt
incorporating both landscaping and artistic statements along Interstate 5 through the (
will enhance Carlsbad’s coastal community feeling; and
THE 1-5 CORRIDOR DESIGN PIAN.
WHEREAS, the purpose of this project is to prepare a design concept “ma
document for the Interstate 5 corridor through Carlsbad to guide the development
enhancement projects; and
WHEREAS, an additional element of the design process is to prepare complel
landscape plans for the Palomar Airport Road and 1-5 interchange; and
WHEREAS, the 1-5 Corridor Landscape Advisory Committee interviewed the thi
and recommended that a consultant contract be executed with the firm of Kawasaki, 1
Ueno & Associates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor is hereby authorized to execute a consultant agreen
Kawasaki, Theilacker, Ueno & Associates for the development of the 1-5 Corridor Desi1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad Cit
held on the 12thday of November , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall and Finnila
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTEN (SEAL)
0 0 Exhibit 2
AGREEMENT FOR
CONSULTING AND DESIGN SERVICES FOR
PREPARATION OF THE 1-5 CORRIDOR DESIGN PLAN
THIS AGREEMENT, made and entered into as of the day of I 19-1 t
and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City
and Kawasaki, Theilacker, Ueno & Associates, hereinafter referred to as "Contractor."
RECITALS
City requires the services of a Landscape Architect and Artist team to provide th
necessary consulting and design services for preparation of the 1-5 Corridor Design Plan; an
Contractor possesses the necessary skills and qualifications to provide the services required k
the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenani
contained herein, City and Contractor agree as follows:
1. CONTRACTORS OBLIGATIONS
A. Conduct an inventory of the predominant land uses adjacent to the freewa
right-of-way and along each of the eastlwest interchange corridors to assist in the developmer
of the appropriate theme for the nine (9) freeway crossings.
B. Conduct a field review of the existing landscaping infrastructure and environmer
at each freeway crossing within the Caltrans right-of-way and provide a summary report tl
include:
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0 Identification of physical constraints/opportunities.
a Identification of environmental constraints.
0 Surface street constraints/opportunities to be used in conjunction with th
crossings.
Participate in four (4) public workshops including the preparation of presentatic C.
materials and displays.
D. Prepare a report to include:
0 Development of up to three (3) alternatives for each freeway crossing.
0 Identification of opportunities for artwork and/or integration of art.
0 Analysis of recommended landscaping themes at each interchange.
0 Development and identification of possible construction phasing options.
0 Development of design guidelines for the corridor.
0 Analysis of reclaimed water potential use.
0 Environmental Assessment of recommended landscape concepl
(preliminary).
Analysis of potential mitigation provisions for environmental impacts (
any).
0 Review of safety and security considerations (including review an
approval by Caltrans).
Assessment of maintenance and operation issues (including review an1
approval by Caltrans).
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Full plant growth simulation exhibits.
E. Cost estimate, following Caltrans format, for recommended concept
0 By phase
0 Summary
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Consult with regulatory agencies to determine potential permit conditions anc
Include maintenance and operations costs
F.
requirements.
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G. Identify and document the following:
0 All agencies to be consulted and permits needed prior to construction.
0 Caltrans requirements for processing conceptual review, constructio
plans, specifications and estimates.
Potential funding sources and process steps to obtain the funding.
Legislation and/or policies that may impact the proposed project.
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0 Utility locations affected.
0 Existing easements affected.
0 Existing right-of-way, existing lease conflicts and any propose easements,
0 Affected private property boundaries, with assessor parcel numbers an
ownership information (provided by the City).
H. Preliminary details or layouts of design features to include the following:
0 Bridge modifications (ifnecessary).
0 Required storm drain facilities.
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Extent of grading requirement, including any retaining structures.
Typical design cross-sections for the different terrain areas expected to b
encountered.
New utilities proposed to be constructed in conjunction with the landscap
and art work.
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0 Relocation of existing utilities.
0 Proposed phases for construction.
0 Recommended signage.
0 General irrigation requirements including demand analysis an
0 Lighting, as necessary.
0 Exhibits and discussion detailing the proposed art elements and/c
modifications required to existing irrigation system.
structures.
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I. Palomar Airport Road at Interstate 5 - In order to take advantage of the recent1
approved $200,000 Environmental Enhancement and Mitigation Program (EEMP) grant fc
landscaping at this location, the following tasks shall begin upon completion of the Master Pla
document and be completed no later that April I, 1997:
a Complete working drawings including landscape and irrigation plan:
integrated art and construction specifications for Phase 1 improvement
based on existing available funding, including:
- Proposed landscaping and irrigation
- Plant type and size - Irrigation requirements - Detailed cost estimate - Typical design cross-sections for the different terrain area
expected to be encountered.
All above mentioned tasks in Item No. 9 shall be developed to conform to Caltran
standards.
Meetings
The consultant and City should anticipate, but not be limited to, the following meetings:
Four (4) public workshop meetings.
Periodic meetings with the 1-5 Conidor Landscape Advisory Committee.
Meetings as necessary with Caltrans and any affected regulatory agency.
One (1) Planning Commission meeting.
One (1) Parks and Recreation Commission meeting.
One (I) Arts Commission meeting.
Two (2) City Council Meetings.
Meetings with City Staff as required.
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2. CITY OBLIGATIONS
The City shall:
A. Assist Contractor by placing at its disposal all available information pertinent ti
the project including previous reports, maps, improvement and grading plans, soils reports, cos
estimates, and any other data relative to design and construction of the project.
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B. Examine all studies, reports, sketches, estimates, specifications, drawing:
proposals, and other documents presented by firm and render necessary decisions pertainin
thereto within a reasonable time so as not to delay the work of Contractor.
C. Designate, in writing, a person or persons to act as representative of City wit
respect to the work to be performed under this agreement; such person shall transrn
instructions, receive information, interpret and define policies and decisions of City with respec
to materials, equipment elements, and systems pertinent to the work covered by this agreeme
Give prompt notice to Contractor whenever City observes or otherwise become D.
aware of any defect in the project.
E. Obtain, with Contractor's assistance, approval of all governmental authoritie
having jurisdiction over the project and such approvals and consents from such other individual
or bodies as may be necessary for completion of the project.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of notification tl
proceed by the City and be completed within three hundred (300) days of that date. Extension
of time may be granted if requested by the Contractor and agreed to in writing by the Projec
Manager. The Project Manager will give allowance for documented and substantiate
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of th
Contractor, or delays caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $124,523. No othe
compensation for services will be allowed except those items covered by supplementa
agreements per Paragraph 8, "Changes in Work." The City reserves the right to withhold a tei
percent (10%) retention until the project has been accepted by the City.
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Incremental payments, if applicable, should be made as outlined in attached Exhibit “A
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) year from date thereof. The contrac
may be extended by the City Manager for two (2) additional one (1) year periods or parts thereo
based upon a review of satisfactory performance and the City’s needs. The parties shall prepar
extensions in writing indicating effective date and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor within 3
days of receipt of the invoice.
7. FINAL SUBMISSIONS
Contractor shall deliver to the City the following items:
A. Draft Master Plan - Provide twenty-five (25) copies of a complete draft repoi
including report text, graphics and plan sheets on or before December 15, 1996.
B. Final Master Plan- Provide the following:
0 Fifty (50) bound copies of the Final Report including text, graphics an1
reduced plans.
Copy of final report text on computer diskette compatible with Microsoi
Word.
One (1) set of photos taken and one (1) set of negatives.
The above mentioned requirements of the final report shall be delivered t
the City no later that 10 days after receiving official notice of final drai
approval. Final approval is projected to be given at the January, 199,
Committee meeting.
Palomar Airport Road and 1-5 lnterchanqe - On or before April 1, 1997, submi
final landscape design plans and detailed cost estimate for the Phase 1 improvements to thi!
interchange in order to comply with the approved Environmental Enhancement and Mitigatioi
Program project requirements. Please designate this project as a separate cost item.
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a. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the City, an
informal consultations with the other party indicate that a change in the conditions of the contra(
is warranted, the Contractor or the City may request a change in contract. Such changes sha
be processed by the City in the following manner: A letter outlining the required changes shall b
forwarded to the City by Contractor to inform them of the proposed changes along with
statement of estimated changes in charges or time schedule. A Standard Amendment tc
Agreement shall be prepared by the City and approved by the City according to the procedure
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement sha
not render 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 company c
person, other than a bona fide employee working for the Contractor, to solicit or secure thi
agreement, and that Contractor has not paid or agreed to pay any company or person, other tha
a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any othe
consideration contingent upon, or resulting from, the award or making of this agreement. Fo
breach or violation of this warranty, the City shall have the right to annul this agreement withou
liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwisc
recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingen
fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding nondiscriminatioi
1 I. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work a!
provided for in this contract, the City Manager may terminate this contract for nonperformance b
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notifying the Contractor by certified mail of the termination of the Contractor. The Contract0
thereupon, has five (5) working days to deliver said documents owned by the City and all work i
progress to the Project Manager. The Project Manager shall make a determination of fact base
upon the documents delivered to City of the percentage of work which the Contractor ha
performed which is usable and of worth to the City in having the contract completed. Base
upon that finding as reported to the City Manager, the Manager shall determine the final paymei
of the contract.
This agreement may be terminated by either party upon tendering thirty (30) days writte
notice to the other party. In the event of such suspension or termination, upon request of th
City, the contractor shall assemble the work product and put same in order for proper filing an
closing and deliver said product to City. In the event of termination, the Contractor shall be pai
for work performed to the termination date; however, the total shall not exceed the lump sum fe
payable under paragraph 4. The City Manager shall make the final determination as to th
portions of tasks completed and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreement, thr
following procedure shall be used to resolve any question of fact or interpretation not otherwisc
settled by agreement between parties. Such questions, if they become identified as a part of i
dispute among persons operating under the provisions of this contract, shall be reduced tc
writing by the principal of the Contractor or the City Project Manager. A copy of sucl
documented dispute shall be forwarded to both parties involved along with recommender
methods of resolution which would be of benefit to both parties. The City Project Manager c
principal receiving the letter shall reply to the letter along with a recommended method o
resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrievec
party, a letter outlining the dispute shall be forwarded to the City Council for their resolutioi
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through the Office of the City Manager. The City Council may then opt to consider the directe
solution to the problem. In such cases, the action of the City Council shall be binding upon tt
parties involved, although nothing in this procedure shall prohibit the parties seeking remedic
available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be asserted i
part of the contract process as set forth in this agreement and not in anticipation of litigation or
conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to tt
City, it may be considered fraud and the Contractor may be subject to criminal prosecution. Th
Contractor acknowledges that California Government Code sections 12650 et seq., the Fals
Claims Act, provides for civil penalties where a person knowingly submits a false claim to
public entity. These provisions include false claims made with deliberate ignorance of the fals
information or in reckless disregard of the truth or falsity of information. If the City of Carlsba
seeks 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 false claim ms
subject the Contractor to an administrative debarment proceeding wherein the Contractor may b
prevented to act as a Contractor on any public work or improvement for a period of up to fiv
years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City f
Cartsbad to disqualify the Contractor from the selection process. deal)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 an
3.32.028 pertaining to false claims are incorporated herein by reference.xMial)
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own way a
an independent Contractor and in pursuit of Contractor's independent calling, and not as a
employee of the City. Contractor shall be under control of the City only as to the result to b
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accomplished, but shall consult with the City as provided for in the request for proposal. Th
persons used by the Contractor to provide services under this agreement shall not be considere
employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to th
Contractor pursuant to the contract shall be the full and complete compensation to which th
Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf (
the Contractor or hidher employees or subcontractors, The City shall not be required tQ pay a0
workers' compensation insurance or unemployment contributions on behalf of the Contractor c
hidher employees or subcontractors. The Contractor agrees to indemnify the City within 30 da)
for any tax, retirement contribution, social security, overtime payment, unemployment payment (
workers' compensation payment which the City may be required to make on behalf of th
Contractor or any employee or subcontractor of the Contractor for work done under th
agreement or such indemnification amount may be deducted by the City from any balance owin
to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform and Contrc
Act of 1986 and shall comply with those requirements, including, but not limited to, verifying thi
eligibility for employment of all agents, employees, subcontractors and Consultants that art
included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all applicabl
requirements of law: federal, state and local. Contractor shall provide all necessary supportin
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 ar
the property of the City, whether the work for which they are made be executed or not. In th
event this contract is terminated, all documents, plans, specifications, drawings, reports, an
studies shall be delivered forthwith to the City. Contractor shall have the right to make one ('
copy of the plans for hidher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work pursuai
to this contract shall be vested in City and hereby agrees to relinquish all claims to suc
copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers
officials, employees and volunteers from and against all claims, damages, losses and expense
including attorney fees arising out of the performance of the work described herein caused i
whole or in part by any willful misconduct or negligent act or omission of the Contractor, an
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acf
any of them may be liable, except where caused by the active negligence, sole negligence, c
willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any SUC
suit or action brought against the City, its officers, officials, employees and volunteers
Contractors indemnification of City shall not be limited by any prior or subsequent declaration b
the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies dur
thereunder without the prior written consent of the City.
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20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this contract I:
the Contractor, Contractor shall be fully responsible to the City for the acts and omissions (
Contractots subcontractor and of the persons either directly or indirectly employed by th
subcontractor, as Contractor is for the acts and omissions of persons directly employed t
Contractor. Nothing contained in this contract shall create any contractual relationship betwee
any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor an
every subcontractor of a subcontractor by the terms of this contract applicable to Contractor
work unless specifically noted to the contrary in the subcontract in question approved in writir
by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to negotiatc
make, accept, or approve, or take part in negotiating, making, accepting, or approving of th
agreement, shall become directly or indirectly interested personally in this contract or in any pa
thereof. No officer or employee of the City who is authorized in such capacity and on behalf (
the City to exercise any executive, supervisory, or similar functions in connection with tt-
performance of this contract shall become directly or indirectly interested personally in th
contract or any part thereof.
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22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the Cit
either before, during or after the execution of this contract, shall affect or modify any of the tern
or obligations herein contained nor entitle the Contractor to any additional payment whatsoevc
under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all term
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, ar
each of their respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the City'
conflict of interest code, that the Contractor will not be required to file a conflict of intere!
statement as a requirement of this agreement. However, Contractor hereby acknowledges th:
Contractor has the legal responsibility for complying with the Political Reform Act and nothing i
this agreement releases Contractor from this responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any and i
amendments insurance against claims for injuries to persons or damage to property which ma
arise out of or in connection with performance of the work hereunder by the Contractor, hi
agents, representatives, employees or subcontractors. Said insurance shall be obtained from a
insurance carrier admitted and authorized to do business in the State of California. Th
insurance carrier is required to have a current Bestk Key Rating of not less than "A-:VI and sha
meet the City's policy for insurance as stated in Resolution No. 91-403.
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A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limits indicated hereir
unless a lower amount is approved by the City Attorney or City Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined singlc
limit per occurrence for bodily injury, personal injury and property damage. If the submitte
policies contain aggregate limits, general aggregate limits shall apply separately to the WOI
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
work for the City). $1,000,000 combined single-limit per accident for bodily injury and proper.
damage.
3. Workers' Compensation and Employer's Liability. Workers' Compensatio
limits as required by the Labor Code of the State of California and Employer's Liability limits c
$1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to th
contractor's profession with limits of not less than $1,000,000 per claim. Coverage shall b
maintained for a period of five years following the date of completion of the work.
B. Additional Provisions
Contractor shall ensure that the policies of insurance required under this agreemer
contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies excludin!
Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City beforc
commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding Profession2
Liability which shall be written as claims-made coverage.
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4. This insurance shall be in force during the life of the agreement and ar
extension thereof and shall not be canceled without 30 days prior written notice to the City sei
by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages requirc
herein, then the City will have the option to declare the Contractor in breach, or may purchaz
replacement insurance or pay the premiums that are due on existing policies in order that tt
required coverages may be maintained. The Contractor is responsible for any payments mac
by the City to obtain or maintain such insurance and the City may collect the same from tt
Contractor or deduct the amount paid from any sums due the Contractor under this agreemer,
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive writte
notice on behalf of the City and on behalf of the Contractor in connection with the foregoing ar
as follows:
For City: Title Associate Engineer
Name Steven C. Jantz
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
For Contractor: Title Senior Associate
Name Brad Lewis
Address 61 65 Greenwich Drive, Suite 200
k at t& .+. ArchitecffLicense Number: CA i2+q
ArchitecffLicense Number:
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28. BUSINESS LICENSE
contractor shall obtain and maintain a City of Carisbad Business License for the duratic
of the contract.
29. ENTIRE AGREEMENT
his agreement, together with any other written document referred to or contemplate
herein, embody the entire agreement and understanding between the parties relating to tt
subject matter hereof. Neither this agreement nor any provision hereof may be amendec
modified, waived or discharged except by an instrument in writing executed by the party again
which enforcement of such amendment, waiver or discharge is sought.
Executed by Contractor this day of 119 .
CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR:
By:
KAWASAKI, THEILACKER, UENO & ASSOCIATES
Mayor
sdCa ATTEST: /4g&7uc/’A - neh&Cr gfl
ALETHA L. RAUTENKRANZ City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. only one officer signs, the corporation must attach a resolution certified by the secretary ( assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
Deputy City Attorney BY
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KAWASAKI THEILACKER UENO f ASSOCIATES
Sucre 201
Sar Dies
(61 9) 45
FAX (615
To Whom It May Concern:
The following is a list of Corporate Officers:
Frank H. Kawasaki, President
Don F. Ueno, Treasurer Michael A. Theilacker, Vice PresidenUSecretary
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Date
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Michael A. Theiiacker, Vice Presidentlsecretary
Do% F. Ueno, Treasurer Date
Corporate Seal
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1 SUBSCRIBING-WITNE @ CERTIFICATE (“WITNESS JUR a,
State of Cd-, 8 -
19 q& , before me, the undersig
NAME OF SUBSCRIBING WITNESS
Notary Public, personally appeared %n F! baJ0
, who is personally known to
tb be the person whose name is subscribe
the within instrument as a witness thereto, v
(hekhe) was present and
OamYart107500 the same person described in and whose n:
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instrument as a witness at the reques
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NAME OF PRINCIPAL SIGN GAIN)
SIGNATURE OF NOTARY
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DESCRIPTION OF AlTACHED DOCUMEI
TITLE OR TYPE OF DOCUMENT
;. I? GENERAL
k2 ATTORNEY-IN-FACT NUMBER OF PAGES ‘ x I? TRUSTEE(S) lL GUARDIAN/CONSERVATOR I. 0 OTHER
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DATE OF DOCUMENT t$ ‘ ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA
e 0
E x h i b i t "A"
A GontraGtor Gumpensation Schedule far
Carlsbad Interstate 5 Corridor Project
t
KTU+A (Contractor) shall bill the City of Carlsbad (City) on a phased
percent completion basis. Payments for professional services rendere
shall be paid at 30%, 60%,40%, and 100% completion of services, with
city holding the 10% retention until the 100% complete documents are
accepted by the city.
Phase One - Conceptual Master P Ian
30% Completion ......................................................................... 32 6,48 5 .(
60% Cample tian ......................................................................... 82 6,494.(
4 0% Completion ......................................................................... $2 6,4 B 4.~
10% Retention to be paid at acceptance ( 100% Completion) ... $8,828.~
Phase One Total .............................................................................. B 1 .c
Phase Two - PS%E for Palornar Airport Road / 1-5 Interchang
30% completion .......... : .............................................................. $ I 0,87 3.c
60% Completion ......................................................................... $ 10,873.~
40% Completion ......................................................................... $ 10,872.~
---------
10% Retention to be paid at acceptance ( 100% Completion)...$3,624.C
---------I
Phase Two Total ......................................................................... $36,242.~
*
Contract Total (Phase One and Phase Two ........................... $ I 24,s 23.0
1” -
m 0
November 4, 1996
TO: ASSISTANT CITY CLERK
FROM: Associate Engineer Jantz
CONSULTANT AGREEMENT
Attached are three (3) original consultant agreements for the development of the 1-5
Corridor Landscaping Design Plan executed by KTU +A. This item is tentatively
scheduled for Council approval on November 12”.
Please hold onto the originals and process for signature after the Council meeting. If
you have any questions, please contact me at extension 4354.
November 21, 1996
Mr. Brad Lewis
Senior Associate
Kawasaki, Theilacker, Ueno & Associates
6165 Greenwich Drive, Suite 200
San Diego, CA 92122
Re:
The Carlsbad City Council, at its meeting of November 12, 1996, adopte
Resolution No. 96-376, approving a consultant agreement with Kawasak
Theilacker, Ueno & Associates for the development of the 1-5 Corridor Design Plan.
Enclosed please find a copy of Resolution No. 96-376 and a fully signed agreement.
Development of the 1-5 Corridor Design Plan
&%J*CYC Assistant City Cler
KRKijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280