CITY COUNCIL: Agreement with Carver + Schicketanz for New Permanent Restrooms at Santa Lucia & Scenic Road

Meeting Date: September 5, 2008
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Adopt a Resolution entering into an agreement with Carver + Schicketanz to
prepare plans and bid documents for the proposed new permanent restrooms at Santa Lucia and Scenic Road in an amount not to exceed $55,759.

Description: At the City’s request, Mr. Rob Carver of Carver + Schicketanz submitted a proposal to provide an analysis and develop bid documents for the construction of
permanent restroom facilities at Santa Lucia and Scenic Road. The scope of work is divided into the following phases:

Phase One
• Gather information regarding permit requirements from various public agencies;
• After initial project analysis, meet with the appropriate Boards & Commissions to seek project input; and
• Develop a schematic design.

Phase Two
• Complete architectural design;
• Prepare bid documents; and
• Perform construction administration (as needed).

Overall Cost:
City Funds: $55, 759
Grant Funds: $0

Staff Recommendation: Adopt the Resolution.

Important Considerations: The temporary restroom facilities are functional, but
occasionally are not serviced properly, resulting in substandard facilities. The
usage of the facilities is high since there are no others at the south end of the
Beach Bluff Pathway.

Decision Record: The Local Coastal Program, adopted in June 2003, states that restroom facilities must be provided consistent with the volume of visitors to the beach and Beach Bluff Pathway. In addition, reference is made to replacing the current restroom facility at Santa Lucia and Scenic Road with a permanently constructed facility.

Reviewed:


Rich Guillen, City Administrator Date


AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 9th day of September 2008, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and Carver + Schicketanz Architects, a professional corporation hereinafter referred to as
"CONSULTANT".

W I T N E S S E T H

WHEREAS, the CITY is interested in retaining the professional services of Carver + Schicketanz; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in developing architectural drawings and specifications for permanent public restroom
facilities at Scenic Road and Santa Lucia; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES

A. CONSULTANT shall perform all of the necessary services and prepare such reports and plans as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with this agreement an amount not to exceed Fiftyfive thousand seven hundred fifty-nine dollars ($55,759)
including expenses, for FY 2008/2009. Contract runs until terminated by either party or project is complete.

B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.

3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with the
CITY, provided the origin of any written materials shall be acknowledged therein, by a notation stating the commentators name and company.

B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without
limitation, provided the origin of any written materials and/or designs shall be acknowledged therein, by a notation stating the commentator’s/designer’s name and company.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve CONSULTANT’s invoices to the CITY under this Agreement.

B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing CONSULTANT’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks associated with the Carmel South Beach Restroom Project for the City during Fiscal Year 2008/2009.

B. CONSULTANT will diligently proceed with the work contracted for, but it is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors that could not
reasonably have been foreseen at the time of execution of this Agreement.

6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on the project prior to the date of suspension or termination.

7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.

8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services include those due to abnormal conditions beyond CONSULTANT’s control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.

9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bonafide occupational qualification.
CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

10. HOLD HARMLESS
A. CONSULTANT is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below.

Certificates of insurance shall be provided to the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional
insured and hold harmless from any loss, damage or liability arising directly from any negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance.

CONSULTANT shall not be responsible for any loss, damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by CONSULTANT and over which CONSULTANT has no supervision or control.

11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence
and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage

B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.

12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.

13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the extent and at the times required by the CITY’s Conflict of Interest Code and applicable law.

B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.

C. During the term of this Agreement, CONSULTANT shall conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.

14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel, CA 93921

CONSULTANT: Robert M. Carver, President
Carver Schicketanz Architects
P.O. Box 2684
Carmel, CA 93921

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONSULTANT or to the CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be
entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.

17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.

18. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY
By: ____________________________



CONSULTANT
By: __________________________
Its: __________________________


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH CARVER SCHICKETANZ TO PREPARE PLANS AND BID DOCUMENTS FOR THE PROPOSED
NEW PERMANENT RESTROOM AT SANTA LUCIA AVENUE AND SCENIC ROAD IN AN AMOUNT NOT TO EXCEED $55,579

WHEREAS, the California Coastal Commission approved temporary restroom facilities at
Santa Lucia Avenue and Scenic Road;

WHEREAS, the Coastal Access and Recreation Element of the City’s Local Coastal Plan
(LCP) Policy (P4-41) recommends building a permanent restroom to replace the temporary restroom;

WHEREAS, the most desirable location for the construction of the permanent restrooms is adjacent to the Scenic Road pathway at Santa Lucia Avenue; and

WHEREAS, Carver + Schicketanz Architects is a consulting firm who has the expertise to plan and design a permanent restroom facility.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize entering into an agreement with Carver + Schicketanz Architects to prepare plans and specifications for a new permanent restroom at Santa Lucia Avenue and Scenic Road in an amount not to exceed $55,579.

2. Authorize payment for the professional services provided per the agreement from account no. 01-89430.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 9th day of September, 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR