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HomeMy WebLinkAbout1977-10-18; City Council; Resolution 5231t 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 28 RESOLUTION NO. 5231 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 PREPARE PLANS AND SPECIFICATIONS FOR THE RENOVATION OF THE HARDING STREET COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That that certain agreement between the City of Carlsbad and Roy R. Blackford, AIA, for architectural services for plans and specifications for renovation of the Harding Street 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 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 18th day of October 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard and Skotnicki NOES : None ABSENT: Councilwoman Casler :1 ATTEST: Fob S, Citk Clerk (SEAL) * 1- AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE HARDING STREET COMMUNITY CENTER IN THE CITY OF CARLSBAD, CALIFORNIA THIS AGREEMENT, made and entered into as of the 18th day of October , 1977, by and between ROY R. BLACKFORD, AIA, hereinafter referred to as Architect, and the CITY OF CARLSBAD, hereinafter referred to as City. WITNESSETH: WHEREAS, the City Council has app'roved the Space Utilization Study for the Harding S'freet Community Center and directed the Architect to prepare de- tailed plans and specifications; and WHEREAS, the Architect has submitted his proposed fee for the prep- aration of plans and specifications for renovation of the Harding Street Community Center; NOW, THEREFORE, the'parties hereunto agree as follows: ARTICLE I: SCOPE OF ARCHITECTURAL SERVICES The Architect shall provide the plans and specificaticns for renova- tion work in three phases as follows: A. Phase I Construction I. Communi.ty Center Building a. Remove kitchen, uti.Iii-y facility and portions of walls to provide Senior Citizens' Coordination Office; b. Remove wall between dining room and bedroom to provide mu1 ti-purpose space with' kitchenette;' c. Remove closet at bedroom in southeast corner and relo- cate door; d. Remove portion of walls at middle bedroom to provide combination multi-use spaces and access to Administration Office; e. Remove walls at interior portion of entry and entry hall to open up Administration Office; f. Prov in Item Nos. . + de structural supports for modifications listed d and e above fo include shear panels at Adminis- trat ion Office; g. Modify walls at existing toilets and provide new facili- ties with accommodations for the handicapped; h. Maintain existing heating system; i. Provide required lighting fixtures and electrical acces- . sories for intended uses; j. Provide new exterior doors and new wood deck as extension of large muiti-purpose space; . k. Install security system. 2. Caretaker and Games Building a. Enclose .overhead garage door ai- east wa I I and provide sliding glass door at north wall; b. Finish interior surfaces of existing garage space and provide light fixtures; c. Install security system monitor. 3. Parking Areas a. Landscaping and sprinkler systems; b. Lighting; c. d. Curbing, pavement, bumpers and striping. Wal Is to screen parking lot from adjacent properties; 4. Grounds between Buildings " a. Landscaping and sprinkler systems; b. Walkways, wal Is and curbings as required.'' B. Phase I I Construction 1. Recreation Hall Building -2- 0 0 .e a. Enclose north wall and modify to provide fire-rated wall construction; b. Construct new shade structure with paved patio and modify existing windows along south wall, providing new pairs of doors to paved patio; c. Modify west and east portions of south wall to establish structural stability; d.. Modify existing kitchen to provide a minimum residential kitchen and modify existing toilets to provide two toilet fa- cilities with accommodations for the handicapped; e. Abandon plumbing fixtures at upper level apartment and use the space for storage only; f. Install security system. U 2. Auditorium Bui lding a. Modify existing church tower and roof over; b. Provide roofed entrance canopy; c. Provide two new toilet facilities with accommodations for the handicapped; d. Enclose mezzanine for storage with fire-rated construc- t ion; e. Modify existing windows in auditorium space to conform to f i re-rat i ng requ i rements ; c f. Add two additional exits from auditorium space; g. Extend existing platform area forward-and to the north and south'at existing uppermost level; h. Provide fire-rated construction at proscenium, platform and north/south spaces; -3- i. Install sound and lighting, systems supportive to piat- form use; # j. Install exhaust. fans for ventilation of main space and p t atform areas; k. Install security system. f 3. All Buildings a.' Provide new electrical main service located at auditorium building and sub-panels at each building; b. c. d. Provide handicap access to and facilities for all build- Scrape and paint exterior trim; Repair existing roof drainage systems; i ngs. C. Phase Ill Furnishings I. 'Architect shall provide specifications for furnishings for chairs, carpeting, drapes, and special sound and lighting systems. ARTICLE II: SCOPE OF CITY STAFF RESPONSIBILITIES City Staff shalJ provide the Architect with the following: A. Information concerning the location of existing utilities; 6. Technicat information concerning the geometric and structural design of the parking lot, walls, islands and traffic signs and markings; C. Technical information concerning the geometric design of pedes- trian walkways, irrigat D. Cond ditions of approval. ARTICLE Ill: PROGRESS c on system and landscaping materials; tional Use Permit issued by Planning Commission .. with con- ANC COMPLETION A. The architectural services specified herein shall begin follow- ing the execution of this agreement; I -4- B. The plans and specifications shall be completed within sev&P-y- five (75) days after execution of this agreement; C. Within fourteen (14) days following approval of plans and speci- fications by City Council, firchitect shall deliver io the Ciiy one (1) original set of the specifications and one (1) reproducible set of the approved plans. ARTICLE IV: COMPENSATlON Fees for providing architectural services as described in Article I. of this agreement shall be on a lump sum basis in an amount of $15,300. ARTICLE V: GUARANTEED MAXIMUM FEE The guaranteed total maximum fee for architectural services shall . be $15,300. ARTICLE VI: PAYMENT OF FEES A. Fees as set forth in Article IV shall be paid in accordance with the follcwing schedule: 1. Approval of agreement - $2,000; 2. Approval of Phase I - $4,000; 3. Approval of Phase II - $7,800; 4. Final approval - $1,500. ART 1 CLE V I I : RESPONS I B 1 LITY OF THE ARCH I TECT 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. The Architect makes no warranty, either expressed or implied, as to his findings, recommendations, c or professional advice other than they were promulgated after following a practice usual to the architectural profession. ARTICLE VIII: SUSPENSION OF SERVICES OR TERMINATION OF AGREEMENT The City shall have the right to terminate this agreement and the -5- 0 0 work done under it at any time without cause by giving the Architect notice in writing. 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. termination, the Architect shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed max'imum fee. City shall make the final determinatqon as to the portions of the tasks completed and the compensation to be made. ARTICLE IX: STATUS OF THE ARCHITECT In the event of The Architect shall perform ?he 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. He shall be under control of the City only as to the result to be accomplished and personnel or consultant firms to be assigned to the praject. The professional firms .to be assigned to the project shal I be stib- . ject to the approval of the Public Works Administrator. ARTICLE X: CON FORM I TY TO LEGAL REQU I REMENTS The Architect shall cause all drawings and specifications to con: ate and local. Architect specifications, together h any agencies whose ap- form to all applicable requirements of law: Federal, S shall provide the necessary copies of such drawings and with all necessary supporting documents, to be filed wi prova I is necessary. c ARTICLE XI: OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings and specifisations as herein required are the property of the City whether the work for which they were made be executed or not. In the event this contract is terminated, all documents, plans, specifications and drawings of the project shall be delivered forthwith to the City. , 0 ARTICLE XII: HOLD HARMLESS AGREEMENT The City, its agents, officers, and empioyees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properfies, 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. Architect further agrees to indemnify and save free and harmless the City and its authorized agents,, officers, and employees against any of the foregoing liabili- ties 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. ARTICLE Xlll: ASSIGNMENT OF CONTRACT The Architect shall not assign this agreement or any part thereof or any monies due or to become due thereunder without the prior written consent of the City. ARTICLE XIV: SUBCONTRACTING The Architect shall not subcontract any of the work to be performed under this agreement without written approval of the Public Works Administrator. 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. any contractual relationship between any subcontractor of the Architect and the Nothing _contained in this contract shall create City. The Architect shal I bind every subcontractor and every sub-contractor of a subcontractor by the terms of thi s agreement app I i cab I e to his work un I ess spec i f i - cally noted to the contrary in the subcontract in question approved in writing by the City. -7- 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, Con- struction, or material supply contractor, or any subcontract in connection with the construction of the project shall become directly or indirectly interested personally in this agreement or in any part thereof. No officer, emsloyee, archi- tect, attorney, engineer, or inspector of or for the City who is auihorized 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 asreemen? shall become directly or indirectly interested personally in i-his agreement or any part thereof. ARTICLE XVI: VERBAL AGREEMENT OR CONVERSATION No verba.1 agreement or conversation with any officer, agert, or employee of the City, either before, during or after the execution of this agree- ment, shall affect or modify any of the terms or obligations herein contained, nor . such verbal agreement or conversation entitle the Architect to any additional pay- m ment whatsoever under the terms of this agreement. ARTICLE XVII: SUCCESSORS OR ASSIGNS Subject to the provisions of Article XIII, all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executor's, administrators, -successors, and .. assigns. ARTICLE XVIll: EFFECTIVE DATE This contrac,t shal i be effective on and from the day and year first above wr i tten. , -8- IN WITNESS WHEREOF, we have he.reunto set our hands and seals. ATTEST: CITY OF CARLSBAD .- fr" J 'L--) *., R6BERT C. FRAZEE, Mayor L.J APPROVED AS TO FORM: ROY R. BLACKFORD, AIA -9-