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HomeMy WebLinkAbout1977-07-05; City Council; Resolution 5134L 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 1E 17 1E 1s 2c 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 5134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LAWRENCE BLACK AND ASSOCIATES FOR MASTER PLAN DESIGN OF MAGEE PARK 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 Lawrence Black and Associates for the Master Plan Design of Magee 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 5th day of July , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and NOES: None Councilwoman Casler ABSENT: None ATTEST: (SEAL)' AGREEMENT FOR ARCHITECTURAL PLANNING FOR THE MASTER PLAN DESIGN OF MAGEE PARK IN THE CITY OF CARLIFORNIA, CALlFORNiA THIS AGREEMENT made and entered into as of the 5th day of July , 1977 by and between Lawrence Black and Associates, Land- scape Architects, 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 right-of-way improvements, historical structure relocation, land- scaping and parking; and WHEREAS, the firm of Lawrence Black and Associates has sub- mitted a proposal in writing to perform the Master Plan Design services; and WHEREAS, it is advantageous for the City to retain the ser- vices of Lawrence Black and Associates as landscape architects to per- form the services in the manner, at the time and for the compensation set forth herein; NOW THEREFORE, the parties hereunto agree as fol~ows: ARTICLE I Scope of Architectural Services The Architect shall provide professional services for the Master Plan Design of Magee Park as follows: 1. A colored and mounted Master Plan Design of Magee Park depicting the following elements: a. Right-of-way improvements within the Garfield, Beech and Carlsbad Boulevard right-of-way showing the planned loca- tion of pavement, sidewalk, curbing and street lights along the frontage of the park property; J. . b. Building location element showing structures on the property to remain, structures to be relocated and structures to be moved onto the property. The location of structures should take into consideration any historical significance which the buildings may have; c. Off-street parking should be shown on the park proper in accordance with City requirements for lighting, landscapinc irrigation, bumpers, stripes and directional arrows; d. A pedestrian circulation element should be shown to interconnect the public sidewalks, parking areas, buildings and landscaped areas on the grounds; e. A landscape element depicting areas to be turfed, ground-covered or planted areas; f. A construction cost element indicating a probable con. struction cost for construction of each element. 2. Graphics: a. A perspective rendering of the Park; b. Reproducibles of the Master Plan. 3. Presentations: a. A presentation of the Master Plan to the Parks and Recreation Commission by Architect. ARTICLE I I Scope of City Staff Responsibilities 1. The City staff will provide information concerning its requirements for the right-of-way improvements; 2. The City staff will provide information concerning commu- nity involvement in the project in the form of recommendations from ci~ groups9 historical societies and Parks and Recreation Commission; 3. The City staff will provide information on the property dimensions, utility locations and other infOrmation as may be availablf from City records. \. ARTICLE 111 Progress and Completion The architectural services specified herein shall begin prom1 ly following written authorization by the City. The Master Plan.and cost estimate shall be completed within forty-five (45) calendar days. ARTICLE IV Compensation Fees for architectural services provided in Article I of this Ag reemen t a re : 1. For Master Plan Design as described in Section 1, Article a lump sum fee of $2,340.00; 2. For graphics as described in Section 2 of Article I: a. Perspective rendering - lump sum fee of $500.00; b. Reproduction - actual cost basis not to exceed $160.01 3. Presentations as described in Section 3, Article I - no fee. ARTICLE V Guaranteed Maximum Fee The guaranteed maximum fee for professional services describe[ in Article I shall be $3,000.00. ARTICLE VI Payment of Fees Charges determined on the basis set forth in Article IV shall . ". be billed as follows: 1. Acceptance of Master Plan by the City Council - $2,340.00 2. Acceptance of rendering by the City Council - $500.00; 3. Presentation and approval by City Manager of reproduction costs - not to exceed $160.00. ARTICLE VI1 Responsibility of the Architect The Architect is hired to render a professional service only, and any payments made to him are compensation solely for such services as he may render and recommendations he may make in the course of the project. The Architect makes no warranty, either expressed or implied, as to his findings, recommendations or professional advice other than they were promulgated after following a practice usual to the landscapel architect profession. ARTICLE VI11 Suspension or Termination of Service; The City shall have the right to terminate this agreement and 1 the work done under it at any time without cause by giving the Architec notice in writing. 1. In the event of termination, the Architect shall be paid for the work accomplished to the date of termination. Upon request of the City, the Architect shall assemble the work product and put same in order for proper filing and closing and deliver said product to the City. In such event, the 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 guaranteed maximum fee, nor shall the total fee exceed the guaranteed maximum. 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 inde- pendent calling, and not as an employee of the City. He shall be under control of the City only as to the result to be accomplished and person- nel or construction firms to be assigned to the project. The profes- sional firms to be as.signed to the project shall be subject to the ap- proval of the 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 provide the necessary copies of such drawings and specifica- tions, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XI Ownership of Documents All plans, studies, sketches, drawings 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 termi- nated, all documents, plans, specifications and drawings of the facilit: shall be delivered forthwith to the City. ARTICLE XI1 Hold Harmless Agreement -.I The City, its agents, officers anh.employees shall not be liable for any claims, liabilities, penalties, 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 1, 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 XI11 AssiQnment of Contract The Architect shall not assign this contract or any part there- of or any monies due or to become due thereunder without the prior writ- ten consent of the City. ARTICLE XIV Subcontracting If the Architect shall subcontract any of the work to be per- formed under this contract by the Architect, he shall be fully res-pon-' sible to the City for.the acts'and omissions of his subcontractor and of the persons either directly or indirectly employed by the subcon- tractor, as he is for the acts and omissions of persons d'irectly employec by him. Nothing contained in this contract shall create any contractual relationship between any subcontractor of the Architect and the City. The Architect shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to his work un- less specifically 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 on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction, or material supply contractor, 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. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other 4 similar functions in c'onnection with the performance of this contract shall become directly or indirectly interested personally in this con- tract or any part thereof. ARTICLE XVI Verbal Agreement or Conversation NQ 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 Architect to any additional payment whatsoever under the terms of this contract . ARTICLE XVll Successors or Assigns Subject to the provisions of Article XIII, all terms, condi- tions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, ad- ministrators, successo'rs, and assigns. ARTICLE XVIII 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. APPROVED AS TO FORM: City Attorney v CITY OF CARLSBAD BY LAWRENCE BLACK AND ASSOCIATES