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Home My WebLink About1975-07-01; City Council; Resolution 3681I 2 7 4 F e r 1 E $ ZC 11 12 12 14 1: 1E 17 1E 1s 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 3681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AX AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JIS3SON T. NAIMAN FOR PROPERTY OWNER IMPROVEMENT AGREEMENT STUDY AND AUTHORIZING 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 Judson T. Naiman for a Property Owner Improvement Agreement Study, 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 authorizc 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 City Council of the City of Carlsbad, California, held on the 1st day of July 1975, by the following vote, to-wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None Councilwoman Casler ABSENT: None ATTEST: AGREEMENT FOR SERVICES TO ESTABLISH A RECORD SYSTEM FOR PROPERTY OWHER IMPROVEDENT AGREEMENTS AND EXISTING IMPROVEMENTS ON CITY OF CARLSBAD STREET SYSTEM - day of This agreement made and entered into as of the I I975 by and between Judson T. Naiman, an individual, hereinafter referred to as Consultant, and the City of Carlsbad, hereinafter referred to as City. WITNESSETH WKEREAS, the City has many unimproved streets in its street system; and WHEREAS, a portion of these streets are partially improved or have property owner agreements recorded to improve portions of the streets; and WHEREAS, the City does not have a system for recording these agree- ments or knowledge of which streets may be ready for installation of inprovements; and WHEREAS, it is desireable for the City to have a program for record- ing, monitoring and enforcing property owner improvement agreements, NOW, THEREFORE, the parties hereunto agree as follows: Article 1 Scope of Services The Consultant will provide the services necessary to establish a program for the installation of street improvements on unimproved streets as follows: Item I 1, 2. 3. Item I1 1. 2. Property Owner Agreements Review each agreement (1968 to present). Determine existing status. Indicate reach and type of improvements on assessor's maps furnished by the City, Existing Improvements Visually review all streets between Ocean Street on the west to Valley Street on the east; between Los Flores Drive on the north to Tamarack Avenue on the south; and those specific street sections which are covered by "Property Owner Agreements". Determine which blocks could be one hundred percent improved if minor areas within the block would install their portion of improvements. 'The degree of improvement required would be 7 7. .- . 0 -2- determined by the type of improvements existing over the majority of the block and right of way available. 3. Indicate reach -and type of improvements required on assessor’s maps furnished by the City. 1. Consult with the Director of Public Works and City Engineer on a perpetual system for keeping accurate records and cross-index file for the above Items I and I1 and set up the initial program. Item 111 Record System Article I1 Scope of City Staff Assistance The City will make its records available to determine existing property owner agreements and improvements. facilities will be available for use as required. except for information purposes only. City map and copying City staff participation will not be available for assistance Article I11 Progress and Completion Services described herein shall begin promptly following written authorization by the City. Completion of the work as described in Article I shall be completed within sixty (60) calendar days. Article IV Compensation Fees for services described in Article I of this agreement will be based on direct salary costs based on rates in proposal dated March 20, 1975 except that the total fee for engineering services will not exceed the guaranteed maximum fee given in Article V. Article V Guaranteed Maximum Fee The guaranteed maximum fee for services described in Article I shall be as follows: -. Item No. Maximum Fee I I1 $1440 1560 I11 1000 Total $4000 i Article VI Payment of Fees Charges determined on the basis set forth in Article IV shall be paid on the completion of each item described in Article I except that payments for each item shall not exceed the maximums set forth in f *z .. -3- Article V. Article VI1 Responsibility of Consultant The Consultant is employed herein to render a professional service only and any payments to him are compensation solely for such services as he may render and recommendations he may make fn the course of this project Article VI11 Changes in the Scope of the Project If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Article I has commenced, the Consultant shall submit his estimate of increased costs to the City Manager for approval prior to undertaking any additional work. Article IX Suspension or Termination of Services The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant a notice in writing. work accomplished to the date of termination in accordance with Article IV . In the event of termination, the Consultant shall be paid for the Upon request of the City, the Consultant shall assemble the work product and put the same in proper order for proper filing and closing and deliver said product to the City. Article X Status of Consultant The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. Article XI Ownership of Documents All maps, studies, sketches, work sheets and documents as herein required are the property of the City whether the work for which they are made be executed or not. all documents, plans, worksheets, etc. shall be delivered forthwith to the City. In the event this contract is terminated, Article XI1 Assignment of Contract The Consultant shall not assign this contract or any part thereof or -4- any monies due or to become due or to become due thereunder without the prior written consent of City. Article XI1 Subcontractor The Consultant shall not subcontract any of the work to be per- formed under this agreement. Article XIV 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 this contract shall become directly or indirectly interested personally in this contract or any part thereof. Article - XV 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 such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. ’ Article XVI Effective 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. CITY OF CARLSBAD bv ATTEST: -L Robert C. Frazee, Mayor Margaret E. Adams, City Clerk Judson T. Naiman, an individual Approved as to form: Vincent F. Biondo, Jr. City Attorney