Loading...
HomeMy WebLinkAbout1979-05-15; City Council; Resolution 57711 2 3 4 5 c 7 E c 1C 13 1; 1: 31 If It 1' 11 1: 2( 2: 2: 2: 21 21 24 2' 21 RESOLUTION NO. 5771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETkEEN THE CITY OF CARLSBAD AND BISSELL/AUGUST ARCHITECTS FOR THE PROVISION OF STREETSCAPE AND PARKING LOT DESIGN SERVICES. 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 BISSELL/AUGUST, Architects, for the provision of consulting services to provide a streetscape design and accompanying parking lot construction drawings and specifications, a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- ized 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 Citj Council of the City of Carlsbad, California, held on the day of May , 1979 by the following vote, to wit: 15th AYES: Councilmen Packard, Skotnicki, Lewis and Anear Councilwoman Casler NOES: None ABSENT: None ATTEST : (SEAL) AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BISSELL AND AUGUST, ARCHITECTS . THIS AGREEMENT, made and entered into this /Yf4day of AY . /?7? , by and between the City of Carlsbad, a municipal cdrporatiovn, hereinafter called "Agency" and Bissell and August, hereinafter called "Consultant" having their offices and principal place of business at 190 Newport Center Drive, Newport Beach, California. NOW, THEREFORE, it is mutually understood and agreed by and between Agency and Consultant as follows: I. EMPLOYMENT OF CONSULTANT That Bissell and August is hereby employed by the Agency as Consultant to perform all of the professional services hereinafter defined and described in connection with the project, and that said compensation hereinafter set forth, and said Consultant does hereby agree to do and perform said services here- inafter defined and set forth for the compensation hereinafter fixed . - 11. DUTY OF CONSULTANT The Consultant shall, in good, workmanlike and profes- sional manner and at his own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations and all other means whatsoever, except as herein otherwise expressly specified to be furnished by Agency necessary or proper to perform and complete the work and provide the services required of the Consultant by this Agreement. 111. WORK REQUIRED BY THE CONSULTANT The Consultant agrees to provide Design and Construction Documents for a public parking lot; with a Uniform Streetscape Standards Manual. following tasks shall be undertaken: . and a Conceptual Master Plan To that end the TASK 1. PROJECT DESCRIPTION & ORGANIZATION WORK PRODUCTS 1.1 Meeting between all project participants to discuss, refine, and agree upon all components of the work program. 1.2 Defines roles for Consultant City Staff. 1.3 Describe products as to quantity, Approved work quality and timing program and contract TASK 2 DATA COLLECTION WORK PRODUCTS The purpose of this task is to gather relevant technical and factual information which, following analysis, will form a basis for making precise physical design recom- mendations. 2.1 Take possession of existing data frpm . . City of Carlsbad including the City's General Plan, a base map, photography, traffic/engineering data, land use/zoning data, top0 and boundary.survey for parking lot site. 2.2 Further define site data through interview of City Staff most knowledgeable about Village Center and how it currently functions. 2.3 Review existing data for completeness and relevance. .. TASK 3 PARKING LOT DESIGN WORK PRODUCTS -This task will proceed concurrently with subsequent tasks in order that the City's desired completion dates may be met. 3.1 Prepare preliminary alternatives for Preliminary a standard parking lot treatment to be used throughout the village center, using the proposed lot as a pilot project. Prepare phasing plan. plans, scale 1" = 20' 3.2.0 Select preferred alternative design, Construction, and complete construction drawings and specifications. Specifications Drawings and 3.2.1 .Contract Documents - The contract documents will include, but not necessarily be limited to, the following: Staking and layout plans Grading and drainage plans Planting plans Irrigation plans Lighting plans Signing and graphics Street furniture or structures (if required) *. 0 TASK-3 PARKING LOT DESIGN WORK PRODUCTS Construction details for the above Specifications for the above Cost estimates for the above 3.3 Provide consultation to City during construction phase to insure that design intent is realized vide contract administration and field supervision) . (City to pro- TASK 4 ANALYSIS & GOAL DEFINITION WORK PRODUCTS The purpose of this task is to record, compile, and evaluate all data t@ identify physical development opportunities and constraints. 4.1 Prepare sketch diagrams and summary Sketch diagrams memoranda of the following factors: (scale to be determined) 4.2 a. land use characteristics, b. visual characteristics c. pedestrian and vehicular circu- lation and parking characteristics Develop, confirm, and'refine a set of goals and objectives relating to street- scape improvement of the Village Center. TASK 5 ALTERNATIVE PLAN DEVELOPMENT WORK PRODUCTS The purpose of Task 5 is to develop alternative design concepts for the form and image of the Village Center. 5.1 Prepare sketch alternatives, which Conceptual address the following factors: Alternatives a. functions accommodated b. traffic circulation c. parking d. bicycle circulation & parking e. village center image f. pedestrian circulation g. urban design options and opportunities 5.2 Develop order of magnitude-cost , projections. WORK PRODUCTS TASK 6 PRESENTATIONS 6.1 . Present drawings, plans, elevations, 2 formal , axonometrics, prespectives; overlays, presentations sketches, and similar data that reflect the study findings to the City and groups, and receive direction. a TASK 7 FINALIZATION OF PLAN . WORK PRODUCTS The purpose of this task is to complete the recommendations, in response to the review of alternatives presented in Task 6. 7.1 Complete overall master plan for Master Plan Village Center. 7.2 Complete detailed des'ign deve.lopment of' streetscape, including: a. overall image b. application & placement of c. individual component design streetscape elements 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. paving landscape planting lighting public signage visual screening benches bollards trash containers water fountains kiosks, special elements bicycle parking parking lot design treatment other elements as appropriate - 7.3 Develop cost projections and alternatives. 7.4 Develop generalized phasing and implementation yecommendations. Final graphics, report to include renderings, applicable mylar reproducible and a graphic supported written document address- ing those items noted in 7.2. All materials will be in a form easily reproducible by the City. TASK 8 FINAL PRESENTATION WORK PRODUCTS 8.1 . Present final plan 2 formal presentations IV. TIME FOR COMPLETION OF WORK The Consultant shall diligently prosecute the work and shall complete,the Parking Lot Design and Construction Documents prior to June 18, 1979. The conceptual Master Plan a 0 and Streetscape Standards Manual shall be submitted to the City . no later than August 15, 1979. The Redevelopment Coordinator or his designee herein- after referred to as "Coordinator" will represent the City of Carlsbad in all matters pertaining to time for completion of work related to this assignment. V. OWNERSHIP OF DATA, REPORTS AND DOCUMENTS The Consultant shall deliver to the Coordinator, as .the work is completed, all notes of field surveys made, all reports of tests made, studies, reports, photos, negatives, plans, drawings, and all other materials and documents, all of which shall become the property of the agency. VI. COORDINATOR TO REPRESENT AGENCY The Redevelopment Coordinator or his designative repre- sentative shall. represent the Agency in all matters pertaining to services rendered prusuant to this Agreement and shall administer this Agreement on behalf of the Agency. .. VII. WORK TO BE PERFORMED BY AGENCY On its part, the Agency agrees to provide the following at no cost to A. 'B. C. D. VIII. The this contract the-Consultant. on an as-needed basis: Permission to enter the property. All pertinent record data available in City files. Photographs and graphic displays previously pre- pared that might be suitable in the preparation of the construction document. Availability as needed of the Redevelopment Coordinator's time for input and on a limited basis, the time of other City personnel. All such requests for.time shall be coordinated through the Redevelopment Coordinator. CONSULTANT'S FEE Consul.tant agrees to perform the tasks outlined in for a cost not to exceed $20,000. All services performed shall be filled at the following rates: Principal time. , . . . . . . . . .$60.00 perhour Associate time. E . . . , . . . . . .$37.50 per hour Technical personnel time. . . . . . .$27,50 per hour Clerical or Junior Personnel time . .$17.50 per hour All costs incurred for reproduction, printing, materials, and sub-consultants fees shall be billed at direct cost. P . ... 0 .. a Itemized billings shall be presented to the City 'on a monthly basis, provided that 10% of the maximum contract amount shall be withheld until such time as the City Council acts to accept' documents . IX. DEFAULT OF CONSULTANT This agreement may be terminated for default if the Consultant breaches this Agreement or if the Consultant refuses or fails to prosecute the work under this Agreement or any phase of the work, with such diligence as will assure its completion within the time fixed for completion, because of a default of the Consultant shall not relieve the Consultant from liability of such default. Termination of this Agreement X. PAYMENT UPON DEFAULT OF CONSULTANT In-the case of termination of this Agreement for 4, default of the Consultant, the Consultant shall be entitled to payment of the reasonable value of the work and services he performed after execution of this Agreement and prior to its termination, less the services performed under the Agreement and less any increase or additional costs of expenses incurred by and any damages suffered by the Agency by reasons of such default. XI, CITY'S RIGHT TO TERMINATE: PAYMENT A. Notwithstanding any other section or provision of this Agreement, the Agency shall have the absolute right at any time to terminate this Agreement-or any work to be performed pursuant to this Agreement. In the event of termination of the Agreement by the Agency in the absense of default of the Consultant, the Agency shall pay the Consultant the reasonable value of the services actually performed after execution of this Agreement and prior to its termination. B, . C, The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this , section, in the event of such termination, XI1 -. TERMINATION : DELIVERY OF GOODS In the event of termination of this Agreement, and upon demand of the Coordinator, the Conaultant shall deliver to the Coordinator all field notes, surveys, studies, reports, photos, negatives, plans, drawings, and all other materials and documents prepared by the Consultant in the performance of this Agreement, and all such documents and materials shall be the property of the Agency; provided, however, that the Consvltant may retain copies . for his own use, XIII. MODIFICATIONS OF AGREEMENT This Agreement may be amended by reason o€ changes in the scope of the project as described h.erein and the amount of any adjustment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the Coordinator and the Consultant and approved by the Agency. XIV. INDEMNITY The Agency, its agents, officers, and employees, shall not be held liable for any claims, liabilitkes, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for any persoqal injuries to or deaths to them or any of them, whether caused by or resulting from any acts or omission of the Consultant, or hi,s agents, employees, or representatives, not including liability by reasons of acts or omission caused by the Agency, its agents or employees, the Consultant further agrees to indemnify and save free and harmless the Agency and its authorized agents, officers and employees against any of the foregoing liabilities and any cost and expenses incurred by the Agency on account of any.claim therefor, including claims by reason of alleged defects in the plans and specifications; and in the event that a court of competent jurisdiction should determine 'that the Agency has no authority to provide by agreement for the performance of the hereinabove set forth professional services, or any of them, the Consultant nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Consultant agrees to indemnify and to save the Agency harmless from all claims arising'by reason of the work done by the Consultant. XV. LIMITATION OF LIABILITY Any and all liability, claim for damanges, cost of defense, or expenses to be levied against the Consultant will be limited to the amount of its fee on account of any injury or damage to persons or property arising out of any design defects, error, omission, or professional negligence. Further, the Agency agrees to notify any contractor or subcontractor who may perform work in connection with or making use of design, report or study prepared by Consultant,of such limitation of liability and require as a condition precedent to its performing the work, a like limitation of liability on their part as against the Consultant. In the event the Agency fails to obtain a like limitation of liability provision as to injury or damage to persons or property, design defects, errors, omissions or professional negligence, any liability of the Consultant and/or the Agency to such contractor or subcontractor arising out of alleged injury or damages to persons or property, design defects, between the Agency and the Consultant in such a manner that the aggregate liability of the Consultant shall not exceed the amount of its fee. XVI. AFFIRMATIVE ACTION STATEMENT A. In performance of this contract, the Consultant will not discriminate against any employee or applicant for employment because of race, color, national origin, religion, ancestry, sex or age, The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or age or national origin. action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. ~11 subcontractors used under our contract will contain a like non- Such recruitment or discrimination clause. B. The Federal grantor agency, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to a excerpts, and transcriptions. . .specific grant program for the purpose of making audit, examination, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinbefore set forth. CITY OF CARLSBAD BISSELL & AUGUST, ARCHITECTS Mayor APPROVED AS TO FORM BY v City Attorney ..