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HomeMy WebLinkAbout1977-07-05; City Council; Resolution 51371 2 3 4 5 6 7 E s 1c 11 12 1: 14 1. 11 1' 11 1' 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 5137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ROY R. BLACKFORD, AIA, FOR ARCHITECTURAL SERVICES TO DEVELOP A PRELIMINARY PLAN FOR THE HARDING STREET COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California toes hereby resolve as follows: 1. That that certain agreement between the City of :arlsbad and Roy R. Blackford, AIA, for architectural services for space studies, preliminary cost estimates, and plans and specifications for the Community Center, a copy of which is ittached hereto marked Exhibit "A" and made a part hereof, is iereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on be- half of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, Caifornia, 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 : ROBERT P&cdG&,4 C. FRAZEE, M r - (SEAL) AGREEMENT FOR ARCHITECTURAL PLANPIING FOR THE HARDING STREET COMMUNITY CENTER This Agreement made and entered into as of the 5th day of - July , 1977 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City" and Roy R. Blackford, AIA, hereinafter referred to as "Architect." W I T !I E S S ET H : !dHEREAS, the City Council has determined that an exist.ing City- owned property on Harding Street could be developed into a community center; and WHEREAS, a number of firms with expertise, including the "Architect," submitted proposals to City for a development study to determine how to best utilize the existing floor space to function as a community center and prepare plans and specifications for the renovation; and WHEREAS, the Architect's proposal, on file with the City Engineer and incorporated by reference herein, has been accepted by the City; and WHEREAS, City desires to employ the services of the Architect as outlined in his proposal for the preliminary space study and estimate of probable costs; and WHEREAS, after the completion of said study and estimate the City may desire to employ the Architect to prepare plans and speci- fications for the renovation of buildings; NOW, THEREFORE, the parties hereunto agree as follows: ARTICLE I - Scope of Work The Architect shall provide A. A space utilization study and report which shall incorporate the following considerations: 1. 2. 3. 4. 5. 6. 7. 8. 9. Determin-ation of the functions within the area of recreation , cultural activities , arts and crafts, and administration which can be housed within the existing bui 1 ding complex. Program of space requirements to house the various recreational, cultural, administrative, arts and crafts functions within the center. Evaluation of the existing complex to meet the space requirements of the recreational, cultural, admini- strative and arts and crafts activities. Evaluation of existing building conditions as they relate to building codes and other requirements for public occupancy, as well as special restoration requirements. Preliminary plan development showing the site utili- zation, building space uses, and construction phasing required to accomplish the orderly renovation work. Determine a priority of space development to meet operational and activities needs. Estimation of probable costs for each phase of space development. Conceptual development of exterior appearance of the total facility. Presentation of space utilization study and report to the City Council. B. Preparation of archi tecfural plans and specifications for renovation of the buildings within the community center complex. ARTICLE I1 - Progress and Completion Architectural services as provided herein should begin promptly \ following execution of this Agreement and shall be completed within thirty (30) days from the date of this agreement. -2- ARTICLE I11 - Compensation Fees for architectural services as described in ARTICLE I, paragraph A, of this agreement shall not exceed $1,200.00. Fees for architectural services as described in ARTICLE I, paragraph By of this agreement shall not exceed eight (8) percent of the construction costs. ARTICLE IV - Payment of Fees The architectural fee stipulated in ARTICLE I11 shall be billed as follows: Approval by City Council of space utilization study, $1,200.00. ARTICLE V - Responsibility of the Architect The Architect is employed to render a professional service only, and any payment made to him is compensation solely for such services as he may render and recommendations he may make in the design of the project. The Architect makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice other than that they were promulgated after following a practice usual to the architectural profession. ARTICLE VI - Suspension of Services or Termination of Agreement The City may by written notice postpone or suspend, for any reason, all or any part of the architectural services authorized under this agreement, or by written notice may terminate the entire I agreement. In the event of such suspension or termination, the Architect shall assemble the work in progress for presentation to the City. The amount of the fee shall be computed on the basis of t,asks or portions thereof completed. City shall make the final determi- nation as to the portions of the tasks completed and the compensation to be made. ARTICLE VI1 - Status of Architect The Architect shall perform the services provided for herein in his own way as an independent contractor and in pursuit of his -3- independent calling and not as an employee of the City; and it shall be under the control of the City only as to the results to be ac- complished and not as to the means and manner by which such result -4 is accomplished. c. ARTICLE VI11 - Ownership of Documents All plans, studies, sketches, drawings, renderings, and written reports are the property of the City whether the project is con- structed? or not. In the event this agreement is terminated all documents, plans, sketches, and renderings shall be delivered forth- with to the City. ARTICLE IX - Hold ,Harmless Agreement . The City, its agents, officers, and 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, or any of them, caused by or resulting from or claimed to have been caused by or resulting from any act or omission of the 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 there- for, 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 X - Assignment of Contract The Architect shall not assign this contract or any part there- of, or any monies due or to become due thereunder without prior written consent of the City. ARTICLE XI - 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 specifications, together with all supporting documents, to be filed with any agencies whose approval is necessary. -4- .. 1. Y ARTICLE XI1 - Subcontracting If the Architect shall subcontract any of the work to be per- formed under this Agreement, the Architect shall be fully responsible to the City for the acts and omissions of his subcontractors and of the persons either directly or indirectly employed by his sub- contractors as it is for the acts and omissions of persons directly employed 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 Agreement. ARTICLE XI11 - 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 or accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with this project shall become directly or indirectly interested personally in this contract or any part thereof. No officer, employee, architect, , attorney, engineer, or inspector of or for the City who is author- ized 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 contract or any part thereof. ARTICLE XIV - 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 con- versation entitle the Architect to any additional payment whatsoever under the terms of this Agreement. - 5- ARTICLE XV - Successors or Assigns All terms, conditions,'and provisions hereof shall inure to and shall bind each of the parties hereto, their and each of their respective heirs, executors, administrators, successors, and assigns. ARTICLE XVI - Effective Date This Agreement shall be in effect on and from the day and year first above written. ARTICLE XVII - Additional Services The parties agree, and it is expressly understood, that after satisfactory completion by the Architect of his obligations under ARTICLE I Paragraph A of this Agreement, the City has the option to employ the Architect to prepare working drawings and specifications and any other necessary construction documents for the renovation of the community center and to provide special consultation during the construction of said community center for a fee not to exceed eight (8) percent of the estimated construction costs. Said option may be executed by the City at any time prior to December 31, 1977 by mailing written notice thereof to Architect. IN WITNESS WHEREOF we have hereunto set our hands and seals. Approved, Resolution No. 5137 dated z,/f5 /p 77 Roy R. Blackford, AIA Approved as to Form: BY -6-