HomeMy WebLinkAbout1977-07-05; City Council; 3652-2; Harding Street Community CenterCJTY OF CARLSBAD 7
AGENDA BILL NO. ' 3L2 -- *x
, DATE : July 5, 1977
DEPARTMENT: Engi neeri nq
Sub] ect : HARDIMG STREET COMMUNITY CENTER - CONSULTANT'S AGREEMENT
Statement of the Matter
On May 6, 1977 seven architectural firms were contacted and
asked to submit proposals for renovation of the Harding Street
Community Center. Five firms responded and three firms sub-
mitted proposals to provide the services.
The proposals were reviewed b,y the Parks Department and the
Public Works Administrator. Roy R. Blackford, AIA, was se-
lected as the firm most suitable to perform the required ser-
vices.
Staff has prepared an Agreement which provides for the pre-
liminary space study for a fee of $1,200.00 and plans and
specifications (if required) for a fee of 8% of the construction
costs.
A Counditional Use 'Permit (CUP-128) has been granted for this
proj'ect. Funds are available in. the Continuing Appropriations from 1976-77 Budget under Professional Services (Acct. 1-132-2450).
EXHIBITS:
1. Memorandum from Par'ks & Recreation dated June 20. 1977.
2. Resolution No. 5/37 approving Agreement with R0y-R. Blackford, AIA. . 3. Consultant's Agreement with Roy R. Blackford, AIA.
RECOMMENDATION:
Adopt Resolution No. 51/37 authorizing the Mayor to execute the
Agreement with Roy R. Blackford, AIA.
Council action
7-5-77 Resolution #5137 was adopted, approving the agreement and
authorizing the Mayor to execute same.
MEMORANDUM
TO : Ron Beckman, Public Works Administrator
FROM : Ed Johnson, Director of Parks and Recreation
DATE : June 20, 1977
SUBJECT: HARDING STREET COMMUNITY CENTER RENOVATION PROPOSALS
Proposals for the renovation of Harding Street Community Center from Ruhnau, Evans, Ruhnau and Associates; Roy R. Blackford, and Environmental Design have been studied. Roy R. Blackford is recommended as the most suitable architect to perform the architectural design.
Ed Johnson, Director Parks and Recreation
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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 PRELIMINAPY PLAN FOR THE HARDING STREET
COMMUNITY CENTER 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 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
attached hereto marked Exhibit "A" and made a part hereof, is
hereby 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 Councilwoman Casler NOES : None
ABSENT: None
ATTEST : - d&, , AMs,( City Clerk
ROBERT F&cd* C. FRAZEE, M 1:
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AGREEMENT FOR ARCHITECTURAL PLANNING FOR THE
HARDING STREET COMMUNITY CENTER
This Agreement made and entered into as of the 5th day of
I 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 M E S S ET H :
WHEREAS, the City Council has determined that an existing 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 I
NHEREAS, 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 repor:< which shall incorporate I
the following considerations:
1. Determination of the functions within the area of
I
recreation, cultural activities, arts and crafts,
and administration which can be housed within the
existing bui lding complex.
2. Program of space requirements to house the various
recreational, cultural, administrative, arts and,
crafts functions within the center.
3. Evaluation of the existing complex to meet the space
requirements of the recreational , cultural, adrnini-
strative and arts and crafts activities.
4. Evaluation of existing building conditions as they
relate to building codes and other requirements for
public occupancy, as well as special restoration
requirements.
5. Preliminary plan development showing the site utili-
zation, building space uses, and construction phasing
required to accomplish the orderly renovation work.
6. Determine a priority of space development to meet
operational and activities needs.
7. Estimation of probable costs for each phase of space
development.
8. Conceptual development of exterior appearance of the
total faci 1 i ty.
9. Presentation of space utilization study and report
to the City Council.
B. Preparation of architectural 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.
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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 6, 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
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
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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
is accomplished.
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.
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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
amy 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 thi-s 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-
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versation entitle the Architect to any additional payment whatsoever
under the terms of this Agreement.
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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 renavation
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.
Z&iZ& ADAM(, City Clerk
Approved, Resolution No.
Approved as to Form:
I City. of Carlsbad
Roy R. Blackford, AIA
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