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HomeMy WebLinkAbout1977-09-20; City Council; Resolution 5201P U . 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 5201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KAMMEYER, LYNCH & PARTNERS FOR THE DESIGN OF THE COMMUNITY SWIM COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Carlsbad, California, does hereby re- solve as follows: 1. That that certain agreement between the City of Carlsbad and Kammeyer, Lynch & Partners for the design of the Community Swim Complex, 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 20th day of September , 1977 by the following vote, to wit: AYES : Councilmen Lewis , Packard, Skotniicki and NOES : None Counci Iwoman Casler ABSENT: Councilman Frazee ATTEST : (SEAL) AGREEMENT FOR ARCHITECTURAL SERVICES FOR A COMMUNITY SCdIM COMPLEX IN THE CITY OF CARLSBAD, CALIFORNIA day of THIS AGREEMENT, made and entered into as of the 20th September , 1977, by and between KAMMEYER, LYNCH & PARTNERS, hereinafter referred to as Architect, and the CITY OF CARLSBAD, hereinafter referred to as City. IJ I T N E S S ET H WHEREAS, the City and the Carlsbad Unified School District have en- tered into a Joint Use Agreement, dated July 20 , 1977, for the construction of a community swim complex on a site adjacent to Carlsbad High School, and said agreement is on file with the City Clerk and incorporated by ref- erence herein; and WHEREAS, said agreement provides that City shall employ architects as it considers appropriate to design community swim complex and prepare plans and specifications; and LJHEREAS, the Swimming Pool Architect Selection Committee recommended to City Council the Architect, a firm of professional architects specializing in swim complex designs for municipalities; and ,- WHEREAS, City Council, on June 15, 1976, approved the recommenda- tion of the Swimming Pool Architect Selection Committee and instructed City Staff to prepare an agreement for architectural and consulting services with the Archi- -- tect; NOW, THEREFOREy the parties hereunto agree as follows: ARTICLE I: ScoDe of Architectural Services 1. The Architect shall make every effort to include the mitigation measures recommended in the approved Environmental Impact Report as a part of the project, 2. The Architect shall provide: A. A conceptual development plan of the swim complex, together with colored perspective rendering(s) suitable for use during oral presentations, a topographic map and base map for the project based on the City's legal description, and an estimate of probable costs incorporating the following elements : (1) Aquatic complex consisting of heated pool(s), showers, locker rooms, dressing rooms, restrooms, exercise room, admini- strative offices and storage spaces; (2) Off-street parking areas; (3) , General site development; (4) Tennis court area; B. Plans and specifications for the construction of the community . swim complex in accordance with all building require:nents including those applicable to the construction of school buildings; said plans and specifications shall include: (1 ) Aquatic complex plans composed of architectural plans , -- civi 1 plans , structural plans , electrical and mechanical p; ans ; (2) Parking 1ot.plans including, but not limited to, light- ing, landscaped islands, pedestrian circulation, paving and striping ; (3) General site development plans including landscaping, irrigation, area lighting and walkways for pedestrian circula- tion; C. Coordination with governmental agencies including, but not limited to: (1) San Diego County Health Department; - 2- (2) State of California, Office of the State Architect; (3) City of Carlsbad Staff and Pool Coordinating Committee; (4) Assist City Staff to make presentations to the City Council and Carlsbad Unified School District Board, as required, during design of the conceptual development plan; D. Consultations in conjunction with construction including: (1) Assist City Staff, as required, during the bidding process ; (2) (3) Review of catalog cuts and shop drawings; One regular weekly meeting with City Staff to monitor construction progress and assist City Staff to insure Contractor meets State of California, Office of the State Architect re- qui rements ; (4) Assist City Staff with the final inspection; E. Reimbursable lJorks : (1) Allowances shall be provided for the Architect to initi- ate and coordinate the following reimbursable services subject to the prior approval of the Pub1 ic Works Administrator: (a) Topographic Survey; (b) Soils Investigation; (c) Reproduction. ARTICLE 11: Scope of City Staff Responsibilities . 1. City Staff shall provide Architect with the following: A. Environmental Impact Report, legal description and plat of -. - the community sNim complex site located at Carlsbad High School, Joint Use Agreement, local utility plans and other information as requested by Architect; -3- B. ment plan; Consultations during preparation of the conceptual develop- C. Coordination with other governmental agencies, except as noted in Article I, Section 2, Item C above. ARTICLE 111: Progress and Completion 1. The architectural services specified herein shall begin within fifteen,(l5) days following the execution of this agreement and receipt in writing of notice to proceed. 2. The conceptual development plan and cost estimate shall be com- pleted within seventy-five (75) calendar days following notice to proceed. 3. The plans and specifications shall be completed within one hundred twenty (120) days after approval of the conceptual development plan by the City Council and subsequent notice to proceed. 4. Within fourteen (14) days following approval of plans and speci- fications by City Council, Architect shall deliver to the City one (1) original set of the specifications and one (1) reproducible set of the approved plans. ARTICLE IV: Compensation 1. Fees for providing architectural services as described in Article I of this agreement shall be on.an hourly basis not to exceed the amounts bel ow: A. Conceptual development plan, perspective renderings - $6,000; B. C. Coordination with governmental agencies - $5,400; D. Consul tations in conjunction with construction - $4,500. Plans and specifications - $45,000; 2. Payments for reimbursable expenses for the following items shall be on an actual cost basis: A. Topographic survey - allow $3,000; - 4- B. C. Reproduction - allow $500. soils investigation - allow $2,900; ARTICLE V: Guaranteed Maximum Fee 1. The guaranteed total maximum fee for architectural services shall be $60,900. for architectural services associated with the project estimated to be in the range of $700,000. For purposes of this agreement, the aforementioned fee provides 2. If, as a result of the conceptual development plan process, the scope of the project is significantly changed, the maximum fee may be subject to renegotiation. 3. The maximum allowance for reimbursable expenses under this agreement shall be $6,400. . ARTICLE VI: Payment of Fees 1. Fees as set forth in Article IV shall be paid on an hourly hasis in accordance with the following schedule: A. Principal in Charge - .$45/hour; B. Project Manager - $30/hour; C. Designer - $ZO/hour; D. Technical Staff .- $15/hour; E. Clerical Staff- - $lO/hour; Monthly payments will be made at 95% of the monthly invoives based on the percentage of completion. The remaining 5% shall be paid at the completion of the project. ARTICLE VI1 : Architectural Personnel _-- 1. Personnel to be assigned to this project shal’l be: A. Principal in Charge - Ken Kammeyer; B. Project Manager - Mike Lamar; AC. Designer - as assigned; - 5- D. Technical Staff - as assigned; E. Clerical Staff - as assigned; Replacement of the above-named personnel shall be subject to approval by the Public Works Admi nistrator. ARTICLE VI1 I : Responsi bi 1 i ty of the Architect 1. The Architect is employed 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 this project. 2. The Architect makes no warranty, either expressed or implied, as to his findings, recommendations, or professional advice other than they were pro- mulgated after following a practice usual to the architectural profession. ARTICLE IX: Suspension of Services or Termination of Agreement 1. The City shall have the right to terminate this agreement and the work doge .jnder it at any time without cause by giving the Architect notice in writing . 2. In the event of such suspension or 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 City. 3. In the event of termination, the Architect shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. tions of the tasks completed and the compensation to be made. City shall make the final determination as to the por- ARTICLE X: Status of the Architect .- - 1. The Architect shall perform the services provided for herein in his own way as an independent contractor and in pursuit of his independent call- ing, and not as an employee of the City. 2.. He shall be under control of the City only as to the result to be accomplished and personnel or construction firms to be assigned to the project. - 6- The professional firms to be assigned to the project shall be subject to the ap- proval of the Public lnlorks Administrator. ARTICLE XI: Conformity to Legal Requirements 1. The Architect shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State and local. 2. Architect shall provide the necessary copies of such drawings and specifications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XII: Ownership of Documents 1. All plans, studies, sketches, drawings and specifications as herein required are the property of the City whether the work for which they were made be executed or not. 2. In the event this contract is terminated, all documents, plans, specifications, and drawings of the project shall be delivered fcrthwi th to the City. ARTICLE XIII: Hold Harmless Agreement 1. The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or 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 have been caused by or resulting from any act or omission of Architect or his agents, employees, or representatives. 2. Architect further agrees to indemnify and save free and harm- less the-City and its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefore, 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. -7- ARTICLE XIV: thereof or any consent of the ARTICLE XV: Assianment of Contract 1. The Architect shall not assign this agreement or any part monies due or to become due thereunder without the prior written City. Subcontracting 1. The Architect shall not subcontract any of the work to be per- formed under this agreement without written approval of the Public Works Adminis- trator. 2. If subcontracting is approved, the Architect shall be fully responsible to the City for the acts and omissions of his subcontractor and of the persons either directly or indirectly employed by the subcontractor, as he is for the acts and omissions of .persons directly employed by him. 3. Nothing contained in this contract shall create any contractual , relationship between any subcontractor of the Architect and the City. 4. The Architect shall bind every subcontractor and every sub- contractor of a subcontractor by the terms of this agreement applicable to his work unless specifically noted to the contrary in the subcontract in question ap- proved in writing by the City. ARTICLE XVI: Prohibited Interest 1. 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 nego- tiating, making, accepting, or approving of any architectural , engineering in- spection, construction, or material supply contractor, or any subcontract in con- nection-wi th the construction of the project shall become directly or indirectly interested personally in this agreement or in any part thereof. 2. No officer, employee, architect, attorney, engineer, or in- spector of or for the City who is authorized in such capacity and on behalf of -8- 0 0 -, C’ the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this agreement shall become directly or indi- rectly interested personally in this agreement or any part thereof. ARTICLE XVII : Verbal Agreement or Conversation 1. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the the execution of this agreement, shall affect or modify any of the terms or obligations herein con- tained, nor such verbal agreement or conversation entitle the Architect to any additional payment whatsoever under the terms of this agreement. ARTICLE XVIII: Successors or Assigns 1. Subject to the provisions of Article XIV, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. ARTICLE XIX: Effective Date 1. This contract shall be effective on and from the day and year first above written. JN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST : CITY OF CARLSBAD A APPROVED AS TO FORM: KAMMEYER, LYNCH ti PARTNERS ,--- _. . . . -2 . ..P'