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HomeMy WebLinkAbout1977-07-05; City Council; 3552-4; Magee Park Master Plan, . -- A I CITY OF CARLSBAD AGENDA BILL NO. 3552 - Supplement #4 DATE : July 5, 1977 DEPARTNENT : Engineering Department Initial: Dept . Hd . 90 C. Mgr. 3 c. Atty.& Subject: MAGEE PARK MASTER PLAN - CONSULTANfS AGREEMENT Statement of the Matter The proposed Magee Park is the site of the Magee House which wa.s restored under City Contract No. 1034. Proposals have been received from six landscape architects to develop a Master Plan for the improvement of the grounds araund the house; an area of approximately two acres. The proposals were reviewed by the Parks Department and the Public Works Administrator. Lawrence Black and Associates of Del Mar was selected as the firm most suitable to perform the required services. Staff has prepared an Agreement which provides for the preparation of the Master Plan Study for a fee not to exceed $3,000.00. Funds are available in the Continuing Appropriations from 1976-77 Budget under Professional Services (Account No. 1-132-2450). EXHIBITS : 1. Memorandum from Parks and Recreation Department dated June 20, 1977. 2. Resolution No. 5/3r/ approving agreement with Lawrence A. Black 3. Consultants Agreement with Lawrence A. Black and Associates of & Associates of Del Mar. Del Mar. RECOMMENDATION : Adopt Resolution No. 5/34 authorizing the Mayor to execute the Agreement with Lawrence A. Black and Associates. Council action 7-5-77 Resolution #5134 was adopted, authorizing the Mayor to execute the Agr'eement with Lawrence A. Black and Associates. ! 3 4 M E M 0 R A N D U M TO : Ron Beckman, Public Works Administrator FROM : Ed Johnson, Director of Parks and Recreation DATE : June 20, 1977 SUBJECT: J!'IAGEE PARK MASTER PLAN PROPOSALS Proposals from landscape architects for the Master Plan design of Magee Park have been studied. Lawrence Black and Associates is recommended as the most suitable architect to perform the landscape design services. Thank YOU, Ed Joynson, Director Parks and Recreation EJ: scf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 sa 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. ,I 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 behal? 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 Counci 1 woman Cas1 er ABSENT: None ATTEST: H& E. ADAMS, (City Clerk U (SEAL) ROBERl C. FRAZEE, Maor -.. I s AGREEMENT FOR ARCHITECTURAL PLANNING FOR THE MASTER PLAN DESIGN OF MAGEE PARK IN THE CITY OF CARLIFORNIA, CALIFORNIA 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 st'ructure 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 follows: 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 foll'owing elements: a. Right-of-way improvements within the Garfield, Beech and Carlsbad Boulevard right-of-way showing the plann'ed toca- tion of pavement, sidewalk, curbing and street lights along the frontage of the park property; .. .. *. 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 propert' in accordance with City requirements for lighting, landscaping 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 II 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 civic groups, 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 available from City records. ARTICLE Ill Progress and Completion The architectural services specified herein shall begin prompt- 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 pro,vided in Article I of this Ag reeme n 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 $160.00 3. Presentations as described in Section 3, Article I - no fee. ARTICLE V Guaranteed Maximum Fee I The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Architect notice in writing. The guaranteed maximum fee for professional services described in Article I shall be .$3,000.00. ARTICLE VI Payment of Fees Charges determined on the basis set forth in Ar'iicle EV 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 ihan they were promulgated after following a pract-ice usual to the landscape architect profession. *. ARTICLE Vlll SusDension or Termination of Services. .- *. I 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 but 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 assigned 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 facility shall be delivered forthwith to the City. ARTICLE XI1 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 caused by or resulting from or claimed to I a. '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 Xlll 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 the prior writ- ten consent of the City. ARTICLE XIV Su bcont rac t i ng If the Architect shall subcontract any of the work to be per- formed under this contract by the Architect,' he shall be fully respon-' 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 di,rectly employe 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 contracto.r, or any subcontract in connection with the construction of the project shall become directly or indirectly interested perjonally in this contract or -.L in any part thereof. No officer, employee, architect, attorney, enginee 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 similar functions in connec.tion 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 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 Architect to any additional payment whatsoever under the terms of this contract . ARTICLE XVll Successors or Assians 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, successors, and assigns. ARTICLE XVlll Effective Date This contract shall be effective on and from the day and year f i rs t above wr i t ten. IN WITNESS WHEREOF, we have hereunto set our hands and seals. I' AT.TEST: CITY OF CARLSBAD ,, ..I I., I( BY APPROVED AS TO FORM: LAWRENCE BLACK AND ASSOCIATES City Attorney v