HomeMy WebLinkAbout1977-03-01; City Council; Resolution 5005c,
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RESOLUTION NO. 5005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND KATER AND
ASSOCIATES FOR DESIGN OF CANYON PARK AND AUTHOR-
IZING THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1) That that certain agreement between the City of
Carlsbad and Kater and Associates for the landscape design of
Canyon Park, a copy of which is attached hereto marked Exhibit
"A" and incorporated herein by reference, is hereby approved;
2) That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 1st day of March , 1977
by the following vote, to wit:
AYES : Counciimen Frazee, Lewis, Skotnicki, Paekard and Counci Cas
NOES : None.
ABSENT: None.
ATTEST :
E; ADAMS, City Clerk
NORA K. GARDiNEii, . Deputy City C1 erk (SEAL)
womar er .
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AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE
LANDSCAPE DESIGN OF CANYON PARK IN THE
CITY OF CARLSBAD, CALIFORNIA
THIS AGREEMENT made and entered into as of the 1st day of
March , 1977 by and between Kater and Associates,
Landscape Architect, hereinafter referred to as "Architect" and
the City of Carlsbad, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the City owns a parcel of land designated for park
purposes; and
WHEREAS, the City is desirous of improving this parcel of
land with recreational equipment, restroom facilities, landscaping,
and parking; and
WHEREAS, the firm of Kater and Associates has provided satis-
factory services for the City in the past and has submitted a
proposal in writing to perform the design services; and
WHEREAS, it is advantageous for the City to retain the
services of Kater and Associates as landscape designers to perform
the services in the manner, at the time, and for the compensation
set forth herein;
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I. Scope of architectural services
The Architect will provide professional services for the
design and construction of Canyon Park as follows:
1. A grading plan depicting vertical relationship of all
proposed facilities and establishing grades for buildings, walkways
EXHIBIT "A"
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parking areas, retaining walls, landscaped areas, and drainage
facilities.
2. A plot plan showing the horizontal relationship of all
proposed facilities including walkways, parking areas, buildings,
recreational areas, landscaped areas, and utility services.
3. An irrigation plan providing a layout of all piping,
valves, control equipment, sprinkler heads, and related equipment
for irrigation of all planted areas.
4. A planting plan locating and identifying all new plant
materials as well as any to be preserved or removed.
shall include a plant list noting the quantity, size, and variety
of all plantings.
The plan
5. A lighting plan showing underground conduit and wiring,
pull boxes, light standards, control equipment, construction detail
2nd circuit diagrams.
6. Construction details showing elevations, cross sections
snd details necessary for construction of the facilities in the
?ark including the restroom facility.
7. The specifications will delineate the type and quality of
211 materials and items to be installed as well as a list of bid
items and the estimated costs.
8. Contract administration to be provided will consist of
ssistance to the City in obtaining bids from contractors, in-
zerpreting plans and specifications, evaluating bids, preparing
zhange orders, and providing inspection work to ensure compliance
gith the plans and specifications.
9. The landscape architect, upon City approval, may provide
)r cause to be provided, any soil investigations required for the
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design of the project.
set forth in Article IV.
Allowance for soil investigations shall be
10. Project documentation (Allowance shall be as set forth in
Article IV). The Architect shall furnish the City with the
following as a reimbursable printing expense:
1. Five sets of Schematic Design Phase Documents
2, Five sets of Design Development Phase Documents (for
plan check and approval)
Twenty-five sets of Construction Documents and Specifi-
cations
3.
4. After City's final approval, tracings of construction
drawings and master copies of specifications typewritten
on bond paper in a form acceptable to the City,
ARTICLE 11. City's responsibilities and scope of City Staff
1. The City shall provide information as to the requirements
and program of the project, including budget limitations and
scheduling.
2. The City shall provide, or cause to be provided, site
information including grades and lines of streets, pavements and
3djoining properties; rights of way, restrictions, easements,
Doundaries, and contours of the projection site; locations,
3imensions of other improvements, if any, and information as to the
svailable service and utility lines, both public and private; all
the above to the extent that they are shown in the City's records.
3, The City shall provide or cause to be provided, any
testing required for construction of the project.
4. The City shall notify the Architect of administrative
?rocedures required and name representatives authorized to act in
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its behalf.
ARTICLE 111. Progress and completion
The architectural services specified herein shall begin
promptly following written authorization by the City.
Completion of Preliminary Master Plan shall be completed
within 30 calendar days.
Completion of working drawings , specifications , and cost
estimates shall be completed within 60 calendar days.
Completion of construction supervision shall be completed
within 300 calendar days.
ARTICLE IV. Compensation
Fees for architectural services provided in Article I of
this agreement will be determined on the basis of construction
costs.
The following schedule shall be used for computing the fee:
(a) Construction Cost % Fee $ 80,000 9.0
85,000 8.8
90,000 8.6
95 , 000 8.4 8.0 100 , 000
110,000 7.9
120,000 7.8 130,000 7.7
140,000 7.6 7.5 150,000
(b) If the City requires any additional services due to
changes in the scope of the project from Architect,
Architect will be paid an additional sum of 2.5 times
Architect's direct personnel expense, Direct expense
as used herein shall include Architect's time at Twelve
Dollars ($12.) per hour, a drafting person at Six Dollars
($6.00) per hour and clerical at Four Dollars (4.00) per
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hour. Said payment shall not exceed One Thousand Dollars
($1,000.).
(c) or soil test and analysis, if required, a maximum fee
of Three Hundred Dollars ($300.) will be paid by the City
(d) For reimbursable expenses, a maximum fee of Five Hundred
Dollars ($500.) will be paid by the City.
ARTICLE V. Guaranteed maximum fee
The guaranteed maximum fee for professional services describec
in Article I shall be $9,000.00.
ARTICLE VI. Payment of fees
Charges determined on the basis set forth in Article IV shall
3e billed as follows:
Approval of Preliminary Master Plan
Approval of working plans and specifications
Completion of construction Balance
ARTICLE VII.
The Architect is hired to render a professional service only,
$3,500
3,500
Responsibility of the Architect
ind any payments made to him are compensation solely for such
;ervices as he may render and recommendations he may make in the
:ourse of the project.
ixpressed or implied, as to his findings, recommendations or pro-
'essional advice other than they were promulgated after following
. practice usual to the landscape architect profession.
The Architect makes no warranty, either
ARTICLE VIII.
The City shall have the right to terminate this agreement and
Suspension or termination of services
he work done under it at any time without cause by giving the
rchitect notice in writing.
In the event of termination, the Architect shall be paid for
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the work accomplished to the date of termination in accordance with
Article VII. Upon request of the City, the Architect shall assembl
the work product and put same in order for proper filing and
closing and deliver said product to the City.
Architect shall be paid for said final work, but in no event shall
the fee for said final work exceed ten percent (10%) of the guaran
teed maximum fee, nor shall the total fee exceed the guaranteed
maximum.
In such event, the
ARTICLE IX. Status of the Architect
The Architect shall perform the services provided for herein
in his own way as an independent contractor and in pursuit of his
independent calling, and not as an employee of the City; and he
shall be under control of the City only as to the result to be
accomplished and personnel or construction firms to be assigned to
the project, The professional firms to be assigned to the project
shall be subject to approval of City Engineer,
ARTICLE X. Conformity to legal requirements
The Architect shall cause all drawings and specifications to
conform to all applicable requirements of law, federal, state, and
local. He shall cause the necessary copies of such drawings and
specifications, together with all necessary supporting documents,
to be filed with any agencies whose approval is necessary.
ARTICLE XI. OwnershiD of documents
All plans, studies, sketches, drawings, and specifications as
herein required are the property of the City whether the work for
shich they are made be executed or not. In the event this contract
is terminated, all documents, plans, specifications, and drawings
Df the facility shall be delivered forthwith to the City.
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ARTICLE XII. Hold Harmless Agreement
The City, its agents, officers, and employees shall not be
liable for any claims, liabilities, penalities, fines, or for any
damage to goods, properties, or effects of any person whatever, nor
for personal injuries to or death of them caused by or resulting
from or claimed to have been caused by or resulting from any act or
omission of Architect or his agents, employees, or representatives;
Architect further agrees to indemnify and save free and harmless
the City and its authorized agents, officers, and employees against
any of the foregoing liabilities and claims therefor, and any cost
and expense that is incurred by the City on account of any claim
therefor, including claims by reason of alleged defects in the
plans and specifications.
ARTICLE XIII. Assignment of contract
The Architect shall not assign this contract or any part
thereof or any monies due or to become due thereunder without the
prior written consent of the City.
ARTICLE XIV. Subcontractinq
If the Architect shall subcontract any of the work to be
performed under this contract by the Architect, he shall be fully
responsible to the City for the acts and omissions of his sub-
contractor and of the persons either directly or indirectly
employed by the subcontractor, as he is for the acts and omissions
of persons directly employed by him. Nothing contained in this
contract shall create any contractural relationship between any
subcontractor of the Architect and the City. The Architect shall
bind every subcontractor and every subcontractor of a subcontractor
y the terms of this contract applicable to his work unless speci-
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fically noted to the contrary in the subcontract in question
approved in writing by the City.
ARTICLE XV. Prohibited interest
No official of the City who is authorized in such capacity
and on behalf of the City to negotiate, make, accept, or approve,
or to take part in negotiating, making, accepting, or approving of
any architectural, engineering inspection, construction, or
material supply contract, or any subcontract in connection with
the construction of the project shall become directly or indirectly
interested personally in this contract or in any part thereof.
officer, employee, architect, attorney, engineer, or inspector of
3r for the City who is authorized in such capacity and on behalf of
the City to exercise any executive, supervisory, or other similar
functions in connection with the performance of this contract shall
become directly or indirectly interested personally in this contrac
3r any part thereof.
No
ARTICLE XVI. Verbal agreement or conversation
No verbal agreement or conversation with any officer, agent,
3r employee of the City, either before, during, or after the exe-
iution of this contract, shall affect or modify any of the terms or
>bligations herein contained, nor such verbal agreement or conver-
sation entitle the Architect to any additional payment whatsoever
lnder the terms of this contract.
ARTICLE XVII. Successors or assigns
Subject to the provisions of Article XIII, all terms, con-
litions, and provisions hereof shall inure to and shall bind each oi
:he parties hereto, and each of their respective heirs, executors,
idministrators, successors, and assigns.
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ARTICLE XVIII. Effecti 7e date
This contract shall be effective on and from the day and year
first above written.
IN WITNESS WHEREOF, we have hereunto Set our hands and seals.
4TTEST
VORA K. GARDINER
3eputy City Clerk
lpproved as to form:
-v Zity Attorney
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CITY OF CARLSBAD
&V&2C ,d.Z,ee
OBERT C. FRAZEE, ayor
KATER AND ASSOCIATES
BY
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