HomeMy WebLinkAbout1984-12-18; City Council; Resolution 78551
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WHEREAS, the City of Carlsbad and Recreation Systems, Inc. have reached an
NOW, THEREFOREI, BE IT RESOLVED by the City Council of the City of Carlsbad
as follows: i I
NOES: None
ABSENT: None
ATTEST:
E MARY H. CqER, Mayor
( SEAL) ~
a
Exhibit A
To Res No.7P55
AGREEMENT F(IR PARKS PLANNING AND DESIGN SERVICES
THIS AGREEMENT, made and entered into as of the day of
, 19 I , by and between the CITY OF CARLSBAD, a
municipal cocporatidn, hereinafter referred to as "City," and
Recreation Systems, lInc. hereinafter referred to as "Consultant .*I I
~ RECITALS
City requires I ,the services of Recreation Systems, Inc. to
provide parks plannilng , design servies and construct ion supervision
services for parks drojects in the City of Carlsbad; and
Consultant poslsesses the necessary skills and qualifications
to provide the servilces required by City;
NOW, THEREFOREi, in consideration of these recitals and the
mutual covenants conitained herein, City and a Consultant agree as
follows: I
(1) CONSULTANT'S O\BLIGATIONS
The Consultant/ shall act in a professional capactiy to
conduct the parks plianning and design process as assigned by the
City of Carlsbad. Tihere responsibilities shall include but not be
limited to the follolwing:
A. Program Debelopment
1. review^ any existing concept plan and proposed scope
of prolject improvements with staff and others as
directed ;
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2. Review/ physical limitations and opportunities of the
existibg site, including configuration, drainage, externbl influences, access and relationships with
adjaceht properties;
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3. Prepark conceptual studies of any proposed
refine ents to existing concept plan, including a
review: and approval;
narrat've F report outlining reasons for change, for
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construction plans for entire park
with approved concept plan. Schematic
in sufficient detail to:
(a) iccurately describe scope of all elements;
(b) identify and resolve engineering or construction
droblems ;
(c) qrovide cost estimates for the purpose of assisting in the determination of construction
phasing to meet budget limitations; and
1 llow efficient implementation of a phased
rogram of improvements;
5. Prepade a complete cost estimate breakdown for all
impro 4 lements;
6. Prepare a recommended scope for project improvements
consi4,tent with budget limitatins and functional
requiqemeents and submit for review and approval.
6. Constructiion Plans and Specifications
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1 . Preparje preliminary construction plans and outline
speci ications in sufficient detail to establish design materials and scope of project, and submit
Preparie project detailed cost estimate for all
projecit improvements ;
for re,view 1, and approval;
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2.
3. Preparie final plans , specifications and bidding documelnts for project improvements insufficient detail/ to obtain competitive construction bids. Plans ishall incorporate City standards and meet all Federall, State and local requirements, as necessary;
4. Consultant shall provide required check prints and
copies1 of specifications for checking and p r oce s Is i n g ;
5. Preparb final cost estimate for review and approval;
6. Assist1 the City in the bidding process and review qualifiications and experience of successful bidders. ,
C. Constructibn Observation
1. Review1 and approve all shop drawings;
2. Provide weekly site visitations (as warranted) and preparb reports on construction progress and quality, with rkcommendations for correction of deficiencies; I
3. Review and approve interim pay requests;
4. Assisti in evaluating and processing change orders;
5. Participate
required
in construction inspections, as
;
6. Assist
Works
City
(2) CITY OBLIGATIO~NS
-te City in the recruitment, selection and
establishment of responsibilities for a Clerk-of -the-
to provide inspection services representing the
during the construction period.
The City shall/ provide or authorize as reimburseable:
consideration of such
will give allowance
A. Boundary dnd topographic surveys
requests, the Parks and Recreation Director
for documented and substantiated unforeseeable
8. Agronomy 4011 tests
The City of
the services rendered
C. Foundation1 soil tests
Carlsbad will negotiate professional fees for
based on the following fee schedule:
D. Building dermits
E. Reproducti~on of final plans and specifications for bid
I process. j
(3) PROGRESS AND CiOMPLETION
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The work under/ this contract for each project will begin
within 10 days after receipt of notification to proceed by the City
and the completion date will, be negotiated for each project.
and unavoidable delaiys not caused by a lack of foresight on the
part of the Consultaint, or delays caused by City inaction or other
agencies' lack of timely action,
Estimated Construction host or Actual I Construction Cost, whichever is lower
$ 0 to $ 100,O~O 100,000 to
200,000 to
500,000 to 1 ,OOO,O$O
1,000,000 to 2,000,000 2,000,000 to 5,000,ObO
5,000,000 to 10,000,0$0
Professional Fee
8%
$ 8,000 + 7.5% in excess of $ 100,000
15,500 + 7% in excess of 200,000
36,500 + 6.5% in excess of 500,000
69,000 + 6% in excess of 1,000,000 129,000 + 5.5% in excess of 2,000,000 294,000 + 5% in excess of 5,000,000
Total fees fo4 each project contract shall he broken down to
15% Schematic Constduction Plans, 15% Preliminary Construction
Plans and Outline Specifications; 50% Final Construction Plans,
Specifications and 8id Documents; and 20% Construction
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Observation. An hoqrly basis will be used for consultant services
that cannot be related to the project fee schedule with a not to I
exceed amount to be hegotiated for given tasks. i
(5) PAYMENT OF FE~S
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City shall made payment to the Consultant as follows:
Ninety perceni (90%) of the fees earned for each individual
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project pursuant to hection 4 of this agreement shall be paid
within twenty (20) days of delivery of monthly billing based on
I services rendered, provided, however, that no fees shall be paid
until the bill has deen verified and approved by the Parks and
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Recreation Director or his representative.
The remaining ten percent (10%) for each invidual project
will be paid not later than 35 days from the date of the filing of
the Notice of Completion.
(6) CHANGES IN WO@K
,
If, in the course of this contract and design, changes seem
merited by the Consjltant or the City, and informal consultations
with the other part$ indicate that a change in the conditions of
the contract is warqanted, the Consultant or the City may request a ~
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change in contract. ~ Such changes shall be processed by the City in
the following manned: A letter outlining the required changes I
shall be forwarded io the City or Consultant to inform them of the
proposed changes along with a statement of estimated changes in
charges or time schjdule.
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After reaching mutual agreement on the
proposal, a supplemental agreement shall be prepared by the City I
and approved by the :City Council.
shall not render indffective or invalidate unaffected portions of
Such supplemental agreement
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the agreement. Chadges requiring immediate action by the
Consultant or City shall be ordered by the Parks and Recreation
Director who will inform a principal of the Consultant's firm of
the necessity of suuh action and follow up with a supplemental
agreement covering duch work.
(7) DESIGN STANDA~DS
The Consultan4 shall prepare the plans and specifications in
accordance with the ldesign standards of the City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
standards and regional standards shall be used where appropriate.
Copies of such stan ards shall be obtained from the City of
Carlsbad.
(8) CONSULTANT'S i MPLOYEES
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The Consultan$ warrants that their firm has not employed or
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retained any companj or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant ihas not paid or agreed to pay any company or
person, other than 4 bona fide employee, any fee, commission,
percentage, brokerage fee, gift , or any other consideration
contingent upon, or lresulting from, the award or making this
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agreement. For breach or violation of this warranty, the City I
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, percentige, brokerage fee, gift or contingent fee.
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(9) NONDISCRIMINATION CLAUSE
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The Consultan4 shall comply with the State and Federal
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Ordinances regarding nondiscrimination.
(10) TERMINATION 06 CONTRACT
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In the event qf the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this contract, the
City may terminate qhis contract for nonperformance by notifying
the Consultant by cqrtified mail of the termination of the
contract. The Consqltant, thereupon, has five working days to
deliver said documedts owned by the City and all work in progress
to the Parks and Recreation Director. The Parks and Recreation
Director shall make la determination of fact based upon the
documents delivered to City of the percentage of work which the
Consultant has perfarmed which is usable and of worth to the City
in having the contrdct completed. Rased upon that finding as
reported to the City1 Council, the Council shall determine the final
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payment of the contriact.
I 1 ( 11 ) DISPUTES
If a dispute s:hould arise regarding the performance of work
under this agreementi, the following procedure shall be used to
resolve any question1 of fact or interpretation not otherwise
settled by agreement) between parties. Such questions, if they
become identified ad a part of a dispute among persons operating
under the provision J of this contract, shall be reduced to writing
by the principal of the Consultant or the Parks and Recreation
Director. A copy o such documented dispute shall be forwarded to
both parties involv ,d along with recommended methods of resolution
1 d
directed solution to
which would be of benefit to both parties. The Parks and
Recreation Director /or principal receiving the letter shall reply
the problem. In such cases, the action of the
to the letter along \with a recommended method of resolution within
and design services
compensation solely
ten days. If the rdsolution thus obtained is unsatisfactory to the
'and any payments made to Consultant are
for such services. Consultant shall certify as
aggrieved party, a jetter outlining the dispute shall be forwarded
to the City Council for their resolution through the office of the
nothing in this procledure shall prohibit the parties seeking
remedies available to them at law.
(12) RESPONSIBILITYi OF THE CONSULTANT
The Consultanti is hired to render professional park planning
*I registration number '
( I 3) SUSPENSION OR ITERMINATION OF SERVICES
This agreement: may be terminated by either party upon
tendering 30 days wrlitten notice to the other party. In the event
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of such suspension or termination, upon request of the City, the
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Consultant shall askemble the work product and put same in order
for proper filing aid closing and deliver said product to City. In
the event of termination, the Consultant shall be paid for work
performed to the teimination date; however, the total shall not
exceed the guarante d total maximum. The City shall make the final
determination as to e the portions of tasks completed and the I
compensation to be made. Compensation to be made in compliance
with the Code of Federal Regulations.
(14) STATUS OF THE CONSULTANT
The Consultan4 shall perform the services provided for herein
in Consultant's ownlway as an independent contractor and in pursuit
of Consultant's inddpendent calling, and not as an employee of the
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City. Consultant sqall be under control of the City only as to the
result to be accompqished and the personnel assigned to the
project, but shall consult with the City as provided for in the
request for proposaq.
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( 15) CONFORMITY TO /LEGAL REQUIREMENTS
The Consultanti shall cause all drawings and specifications to
conform to all applgcable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting
documents, to be filled with any agencies whose approval is I
necessary.
The City will iprovide copies of the approved plans to any
other agencies. I
(16) OWNERSHIP OF ~OCUMENTS
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All plans, stddies, sketches, drawings, reports and
specifications as he/rein required are the property of the City,
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whether the work fof which they are made be executed or not. In
specifications, drawings, reports and studies shall be delivered
liable for any claihs, liabilities, penalties, fines, or any damage
to goods, properties, or effects of any person whatever, nor for
personal injuries 04 death caused by, or resulting from, or claimed
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(17) HOLD HARMLESS
The City, its
to have been causedlby, or resulting from, any act or omission of
AGREEMENT
agents, officers and employees shall not be
Consultant or Consultant's agents, employees or representatives.
Consultant agrees td defend, indemnify and save free and harmless
the City and its audhorized dgents, officers, and employees against
any of the foregoing liabilities or claims of any kind and any cost I
and expense that is!incurred by the City on account of any of the
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If the Consultant
foregoing liabilities, including liabilities or claims by reason of
alleged defects in a ny plans and specifications, unless the
liability or claim 1 s due, or arises out of, solely to the City's i
shall subcontract any of the work to be
negligence. ~
(18) ASSIGNMENT OFICONTRACT
The Consultand shall not assign this contract or any part
thereof or any monids due thereunder without the prior written I
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indirectly employed
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by the subcontractor, as Consultant is for the
supply contractor,
construction of the
relationship betweeh any subcontractor of Consultant and the City .
The Consultant shall bind every subcontractor and every
subcontractor of a hubcontractor by the terms of this contract
applicable to Consultant's work unless specifically noted to the
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or any subcontractor in connection with the
project, shall become directly or indirectly
contrary in the subcontract in question approved in writing by the
~ I City. ,
(20) PROHIBITED INtEREST ,
No official of the City who is authorized in such capacity on
I behalf of the City to negotiate, make, accept, or approve, or take
interested personally in this contract or in any part thereof. No
officer, employee, hrchitect, attorney, engineer, or inspector of
or for the City who, ~ is authorized in such capacity and on behalf of
the City to exercisk any executive, supervisory, or other similar
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functions in connection with the performance of this contract shall
become directly or indirectly interested personally in this I
contract or any part thereof.
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(21) VERBAL AGREEMENT OR CONVERSATION
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No verbal agreement or conversation with any officer, agent,
or employee of the kity, either before, during, or after the
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execution of this c
or obligations here
conversation entitl
whatsoever under th
(22) SUCCESSORS OR
Subject to th
Agreement, all term
insure to and shall
their respective he
assigns.
(23) EFFECTIVE DAT
This agreemen
year first above wr
(24) CONFLICT OF I
The Consultan
with the City Clerk
report investments
IN WITNESS WHEREOF,
CITY OF CARLSBAD
Mayor
ATTEST:
City Clerk
ntract, shall affect or modify any of the terms
n contained nor such verbal agreement or
the Consultant to any additional payment
terms of this contract.
ASSIGNS
provisions of paragraph (17), Hold Harmless
, conditions, and provisions hereof shall
bind each of the parties hereto, and each of
rs, executors, administrators, successors and
shall be effective on and from the day and
tten.
TEREST
shall file a conflict of interest statement
of the City of Carlsbad. The Consultant shall
r interests in real property.
we have hereunto set our hands and seals.
By
Title
APPROVED AS TO FORM:
City Attorney
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