HomeMy WebLinkAboutIvy Landscape Architects; 1997-11-26;- -
AGREEMENT FOR DESIGN SERVICES FOR
POINSETTIA PARK PHASE I-A
PROJECT NO. 3348
A THIS AGREEMENT is made and entered into as of the &-day of
v , 19s;;! by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and IVY LANDSCAPE ARCHITECTS
INC., hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a Contractor to provide design services for the
Poinsettia Community Park Phase I-A improvements; and
Contractor possesses the necessary skills and qualifications to provide the
services required by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Provide the design services as described in more detail in Exhibit “A”:
2. CITY OBLIGATIONS
The City shall provide improvement plans for the existing Park and Cad Disk for
the City Title block, existing Poinsettia Park improvement plans, and City’s
specifications boilerplate.
rev. 8/26/96
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3. PROGRESS AND COMPLETION
The design under this contract shall begin within five (5) days after receipt of
notification to proceed by the City and be completed within sixty (60) days of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Engineer. The City Engineer will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the 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 $23,000. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City.
Incremental payments, should be based on the percentages of work completed.
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The
contract may be extended by the City Manager for one (1) additional one (1) year
period or parts thereof, based upon a review of satisfactory performance and the City’s
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
rev. 8/26/96
6. PAYMENT OF FEES
Payment of fees shall be approved items on the invoice and shall be mailed to
the Contractor within thirty (30) days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within five (5) days of completion, the Contractor shall deliver plans,
specifications, studies and design calculations to the City. All other submissions shall
be per Exhibit “A”
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall 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 or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
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rev. 8/26/96
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
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 five (5) working days to deliver said
documents owned by the City and all work in progress to the City Engineer. The City
Engineer 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.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
rev. 8/26/96
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the 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, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Engineer. A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution which would be of
benefit to both parties. The City Engineer or principal receiving the letter shall reply to
the letter along with a recommended method of resolution within ten (10) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the
dispute shall be forwarded to the City Council for their resolution through the Office of
the City Manager. The City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
rev. 8126196
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. A!!! ‘(Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
b l (Initial)
rev. 8/26/96
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
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 to
the Contractor pursuant to the contract shall be the full and complete compensation to
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
unemployment 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,
retirement 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.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
rev. 8126196
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for his/her records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
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 expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
rev. 8/26/96
omission of the Contractor, any subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except where caused
by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
Contractor shall at its own expense, upon written request by the City, defend any
such 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 by the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
rev. 8/26/96
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and 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.
IO
rev. 8126196
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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 of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political 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 any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes 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:
rev. 8/26/96
11
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO 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 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be 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
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
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3. The Contractor shall obtain occurrence coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title
Name
Address
For Contractor: Title
Name
Address
Public Works Director/Citv Enaineer
Lloyd Hubbs
City of Carlsbad
2075 Las Palmas Drive, Carlsbad, CA 92009
License Number:
13
rev. 8126196
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
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rev. 8/26/96
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hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this & day of Mw s ,1997. I
CONTRACTOR:
IVY LANDSCAPE ARCHITECTS
CITY OF CARLSBAD, a municipal
corporatioBof the Statp of California
ATTEST:
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. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
rev. 8126196
15
All-Purpose Acknowledgrl.mt
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County of
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before me, J- Erh4a G fmc/amrd
I NAMEOF NOTARY PUBLIC
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NAME(S) OF SlCNFR(S~ I
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within instrument and acknow&?dgd to me that he /I$E
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capa’city (ia@, and that by his /& / t$#r s&natureg) on
the instrument the person@, or the entity upon behalfof
which the person@ acted, executed the i~strurnenf.
Though the information below is not required by law, it may prove valuable to persons relying on the document and prevents
fraudulent reattachment of this form.
OPTIO~L
Type or Title of Document Capacity Claimed By Signer(s)
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TITLE OR lYI’EOF DDCUME!!
Individuaw
Corporate
Number of pages:
Date of Document:
Signer(s) Other Than Named Above:
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Form 901.296 AlhI Mail Centen an lndspmdently Owned k wntrd Franchise 0 19% AIM Mad Centen I-WJ.980424S
EXHIBIT “A”
SCOPE OF SERVICES POINSETTIA PARK PHASE 1-A
SCOPE OF WORK:
The Contractor shall revise existing improvement plans and specifications for the Poinsettia Park Drawing No. 331-3 as necessary, and assemble a separate set of plans and specifications for the construction of the following:
BALLFIELD NO. 2
Revise grading plan on sheet L1.4, design for additional drains in field No. 1, and make
necessary grade modification to Field No.2 design, and include in the bid package. Make minor modifications to design (e.g., dimensions, additional base pegs, gate locations, etc.) as requested by the City.
BALLFIELD NO. 3
Verify grades and design for regrading if elevations are different from the previously designed elevations, and include in the bid package. Make minor modifications to design
(e.g., dimensions, additional base pegs, gate locations, etc.) as requested by the City.
STORAGE BUILDING
Design for a 400 square foot concrete mastonry unit storage building including electrical facilities at the northeastern corner of Field No. 3 and submit to the Building Department for review and comments, and include in the bid package.
RESTROOMS
Combine all restroom design details on sheets L1.2, A2.1-A2.6 and AM 2.1 and omit other improvements from the sheets, and include the following in the design:
1. Relocate all electrical equipment from the existing vault into the Restroom Building.
2. Wire for phone service if necessary.
3. Submit revised plans to City’s Building Plancheck Consultant for review and comment.
4. Include the restroom design in the bid package.
SOCCER FIELD FENCING
1. Design fencing for existing soccer field.
2. Design for the relocation of the existing irrigation around the perimeter of the soccer
field if necessary.
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PHASE ONE - CONSTRUCTION DOCUMENTS:
Task Descriotion
1 .Ol Collect and Review all current as-built data (architecture, grading, utilities, planting, irrigation, circulation, etc.)
1.02
1.03
Conduct site meeting with City staff as necessary.
Prepare topographical/spot elevation survey of key improvement areas (storage building, restroom building, ballfields #2 and #3, and basketball courts).
1.04 Prepare construction documents for City of Carlsbad review. Submittals will be made for progress review 50% completion. Submittal sets shall include the following:
1.05
a. Landscape construction plans b. Landscape grading and drainage plans Landscape planting plans dc: Landscape irrigation plans e. Architectural plans f. Electrical plans Details !I Specifications i. Cost estimate
Based upon City of Carlsbad review and comments, prepare construction documents for submittal at 100% completion. Submittal set shall include all of the documents listed above including the following:
a. Technical specifications b. Plancheck corrections
dc: AutoCAD disks (v. 14) for plans Microsoft Word disk for specifications
1.06 Conduct meetings with City of Carlsbad - as necessary.
1.07 Provide coordination with City of Carlsbad and consultants - as required.
1.08 Submit final plans and specifications.
PHASE TWO - CONSTRUCTION OBSERVATION:
2.01 Provide construction observation and review on an as-needed basis. Frequency of site visits and meetings will be determined by City of Carlsbad staff at the time of construction. Anticipated services are:
a. Interpret contract documents b. Review samples and colors
s: Review shop drawings/submittals Conduct scheduled site meetings
1. Preconstruction meeting 2. Completion of fine grading 3. Review and spotting of plant materials and seeding/sprigging application 4. Pre-maintenance period commencement review 5. Maintenance period commencement review 6. Pre-final completion review 7. Final completion review
2
EXHIBIT “B”
FEE SCHEDULE
POINSETTIA PARK PHASE 1-A
FIRM PHASE q: ‘PHASE 2 ‘, TOTAL 1
DESIGN PHASE CONSTRUCTION PiiASE
IW Landscape Architects, Inc. $9,260 $1,850 $13,100
Rodriguez Design Associates $4,500 $1,000 $5,500
Wunderlin Engineering, Inc. $3,000 $0 $3,000
A.R. Deveyns & Associates $950 $450 $1,400
TOTAL $17,710 .% $3,300 $23,000
December 2,1997
TO: CITY CLERK
FROM: ASSOCIATE ENGINEER
POINSETTIA PARK PHASE 1-A
Please process the attached agreements for signatures and return as soon as
possible.
If you have any questions, please call me at (760) 438-l 161, extension 4385 or
c: Public Works Director/City Engineer
Traffic Engineer
Principal Civil Engineer, Walter Brown