HomeMy WebLinkAbout1976-09-07; City Council; Resolution 4003I
2
9 8.
4
E
E
'i
E
s
IC
11
1% n a
19
20
21
22
23
24
25
26
27
2%
RESOLUTION NO. 4003
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND MELVIN-THORYK AND ASSOCIATES FOR
ARCHITECTURAL SERVICES TO DEVELOP A PRE-
LIMINARY PLAN FOR THE CHILDREN'S LIBRARY, 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 Melvin-Thoryk and Associates for architectural
services for planning studies, preliminary cost estimates, and
preliminary plans for the Children's Library, 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
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
7th day of September , 1976 by the following vote, to
wit:
AYES: Councilmen Lewis, Packard and Councilwoman Cas1 er.
NOES : Councilman Skotnicki.
ABSENT : Mayor Frazee.
ATTEST :
(SEAL)
\
I
2
3
4
5
6
7
8
9
10
31
12
13
14
15
16
17
18
19
2c
21
22
2:
24
25
26
27
3 ;> ..%j
AGREEfilENT FOR ARCHITECTURAL PLANNING FOR
A CHILDREN'S LIBRARY IN THE ClTY OF CARLSBAD
THIS AGREMENT macle and entered into as of the 14th day of
September 1976, by and between the City of Carlsbad., a
Municipal Corparation, hereinafter referred to as the "City" and
Melvin-Thoryk and Associates, hereinafter referred to as
"Architect. I'
WITNESSETH :
WHEREAS, the City Council has determined that a neek may
exist for a children's library apart from the Main Library; and
WHEREAS, at City's request a number of firms with expertise,
including Architect, submitted proposals to City for a development
study of said library; and
WHEREAS, Architect's proposal, on file with the City Engineer
and incorporated by reference herein, has been accepted by City;
and
WHEREAS, City desires to employ the services of Architect as
outlined in his proposal for planning studies, preliminary cost
estimates, and preliminary plans for said library, and
WEEREAS, after the completion of said studies, estimates, and
plans City may desire to employ Architect to prepare working.
drawings and specifications for the construction of said library;
NOW, THEREFORE, the parties hereunto agree as follows:
ARTICLE I. Scope of Work
The services to be performed by Architect pursuant to this
-------
agreement include the following:
L!
2
r
c
4
F .
t
r 1
E
c
1c
11
1;
1;
2.4
If
It
1:
1t
l<
2(
21
2;
2:
24
25
26
27
22
PHASE I - Building Program Statement
Task A: Program DeEinition
The Project Architect and the Library Planning Consul tant will
-.-..-I ______ ._-- -_l__l--_
conduct structured interviews with Carlsbad City Library Staff to
definc and document proposed programs and functions to be served
by the new facility. Data will also be gathered relative to the
interrelationships that should exist between the Children's
Library Facility and the existing City Library Facility. Data
gathered will be assembled and presented in a written communique to
Library Staff fGr review.
Task B: Program Statement
The Project Architect will provide a detailed written Buildin5
Program, prepared by a qualified Library Consultant, describing
functions and activities to be housed, space relationships, and
space requirements as well as architectural planning through the
schematic and design development stages, including floor plans,
layout oE furniture and equipment, designation of basic mechanical,
electrical, and structural systems, and preliminary building
specifications.
PHASE I1 - Architectural Interpretation
Task A: Studies
The Project Architect will conduct:
1. Site studies showing the relationship of the proposed
Eacility to the present library building and designation of property
xvnership and value of additional parcels required for the project;
2. Studies to determine the effect of the children's facility
13 1 ibrary operations : work flow, communications and systems
(electrical, mechanical, structural) and public service (parking,
-2-
1
2
3
4
5
6
7
F!
9
10
11
1%
1:
14
15
1E
17
I.€
I-E
2c
21
2:
2;
24
2:
2c
.. '
2t
access, information, etc.);
3. Studies relating to the safety and convenience of both
children and adults using the facilities as affected by parking
and automotive and pedestrian traffic.
TASK B: Schematic and Development Drawings
The Project Architect will provide:
1. Drawings illustrating interior concepts and floor plans
locating all furniture and equipment;
2. Sample boards showing interior materials, colors, and
finishes;
3. Graphic delineation of proposed decorative materials to
be used;
4. A visual communication plan showing identification and
directional signaling;
5. A full-color rendering of the proposed children's facilitl
bui ld i n g ;
TASK C: Detailed Cost Estimate
The Project Architect will provide a detailed estimate of cost
for construction, equipment, and furnishings.
ARTICLE 11.
Architectural services as provided herein should begin
promptly following execution of this Agreement and shall be
completed as follows:
I Progress and -- Completion
Phase I - Building Program Statement - 60 days
Phase I1 - Architectural Interpretation - 120 days
Total time allowable for completion of work (120) days from date
of Agreement.
- 3-
3-
2
3
4
5
6
7
8
9
10
13.
12
13
14
15
16
1’7
1E
13
ac
21
22
2:
2L
21
2i
2:
21
ARTICLE 111. Max Lmum Com;+nsaLion
Total fees for all architectural services, as described
_I________I ._....----~_--.__.-
RTLCLE I of this Agreement, shall not exceed the sum of $14,
ARTICLE IV. Paynen-t of Fees
The architectural fee stipulated in ARTICLE 111 shall be
------.-.-_I_
illed and paid as follows:
INVOICE SCHEDULE
nvoice #1
nvoice sf2
nvoice 83
nvoice H4
.nvoice H5
in
00.
Upon execution of con-tract between the City of Carl-shad and Melvin-Thoryk & Associates ... $2,000
Upon submission of preliminary building
program statement and site plan .............. $2,000
Upon submission of final written detailed
building program statement and completion
of all studies described in Task A of
Phase I1 of project work ..................... $3,000
Upon approval of schematic design drawings.,. $3,000
Upon completion of project work .............. $4,500
ARTICT R V. Responsibility of the Arch.itect
The Architect is employed to render a professional service
-_-ll-...-l___-- ..
mly, and any payment made to him is compensation solely for such
services as he may render and recommendations he may make in the
iesign of the project, The Architect makes no warranty, either
3xpressed or implied, as to his findings, recommendations, or
>rofessional advice other than that they were promulgated after
Lo1 lowing a practice usual to the architectural profession.
ARTICLE VI. -_- Suspension of Servi.ces or Termination of
Agreement
The City, for any reason, may by written notice postpore or
suspend all or any part of the architectural services authorized
un6er this agreement, or by written notice may terminate the
entire agreement. In the event of such suspension or termination,
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
It?
19
20
21
22
22
24
25
26
27
28
the Architect shall. have to assemble the work in progress for
presentation to the City.
The amount of the fee shall be computed on the basis of tasks
City shall make the final determi- or portions thereof completed.
nation as to the portions of the tasks completed and the compen-
sation to be made.
ARTICLE VII. 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
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 accomplished and not as to the means and manner by which such
result is to be accomplished.
--
ARTICLE VIII. 0wnersh:ip of Documents
All plans, studies, sketches, drawings, renderin.gs, and
written reports are the property of the City whether the project
is constructed or not. In the event this agreement is terminated
all documents, plans, sketches, and renderings shall be delivered
forthwith 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 Architect or its agents,
employees or representatives.
indemnify and save free and. harmless the City and its authorized
Architect further agrees to
-5-
1
2
3
4
5
6
7
8
9
10
19.
12
12
14
15
1E
17
ZE
1:
2c
21
262
2:
24
25
2E
27
%E
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, in-
cluding claims by reason of alleged defects in the plans and
specifications.
ARTICLE X, Subcontractinu
If the Architect shall subcontract any of the work to be
performed under this agreement, the Architect shall be fully
responsible to the City for the acts and omissions of his sub-
contractors and of the persons either directly or indirectly
employed by his subcontractors 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 subcontracto
by the terms of this agreement.
ARTICLE XI. 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
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 authorized in such capacity and on behalf of the City to exerci
any executive, supervisory, or other similar functions in con-
nection with the performance of this contract shall become direct1
-G-
3.
2
3
4
5
e;
7
8
9
10
2-2.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or indirectly interested personally in this contract or any part
thereof.
ARTICLE XJI. Ver-bal Agreement or Conversation
No verbal agreement or conversation with any officer , agent ,
-_I__- -I-_ -
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 Agreement.
ARTICLE XIII. Successors or Assigns
All terms, conditions and provisions hereof shall inure to
--.---- ___ll_--_l_
and shall bind each of the parties hereto, their and each of their
respective heirs, executors, administrators, successors and
assigns.
ARTICLE XIV. Effective Date
Thi-s Agreement shall. be in effect on and from the day and
I --
year first above written.
ARTICLE XV. Additional Services
The parties agree and it is expressly understood that after
I I_
satisfactory completion of Architect of his obligations under this
agreement City has the option to employ Architect to prepare
working drawings and specifications and any other necessary con-
struction documents for the Children’s Library and to supervise
the construction of said library for a fee not to exceed a maximum
of $21,000, Said option may be executed by City at any time prior
to December 31, 1977 by mailing written notice thereof to
Ar chi t e c t e
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
-7-
2
6
7
&
9
1c
11
12
13
14
15
16
18
19
20
21
22
23
25
26
27
28
ATTEST : gOBERT C. FRAZEE, MAYOR
CLAUDE A. LEIiIS, Vice-Mayor
*d>-*fq 1 rS':*$*-=&-
MARGARET E. ADAMS, CITY CLERK
F!OP,A K. GARDINER, Deputy City Clerk
Approved Resolution No. 4003
.- dated September 7, 1976
Approved as to Form
-8-