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HomeMy WebLinkAboutReso 1988-13475 RESOLUTION NO. 13475 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ONA, LANDSCAPE ARCHITECTS FOR THE IRRIGATION REDESIGN OF HILLTOP PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ONA, Landscape Architects, for the irrigation redesign of Hilltop Park dated the 1st day of March , 1988, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Manuel A. Mollinedo, Director Thomas J. Harron~_.C,~ty of Parks and Recreation Attorney 0374a --- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1st day of March 19 88 , by the following vote, to-wit: AYES: Councilmembers MALCOLM, COX, MOORE, MCCANDLISS NAYES: Councilmembers None ABSTAIN: Councilmembers None Nader ABSENT: Counci lmembers Mayor of Chulo Vista ATTEST t~/~'C~ty'Clerk~' ~ ',, .rE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true ond correct copy of RESOLUTION N0. 13475 ,and that the same has not been amended or repealed DATED  CityClerk CIIY OF CHULA VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ONA, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE REDESIGN OF THE IRRIGATION SYSTEM CONSTRUCTION DOCUMENTS FOR HILLTOP PARK THIS AGREEMENT, made and entered into this 1st day of March, 1988, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "City" and ONA, Inc., a landscape architectural firm, hereinafter referred to as "Architect"; WITNESSETH WHEREAS, the City is desirous of using the services of a landscape architect to redesign the irrigation system plan and prepare construction documents for Hilltop Park; and WHEREAS, the Architect is qualified to render professional landscape architectural services to the City for the project listed above. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: I. Project Scope. The project will involve the redesign of the irrigation system and the design or re-design of the following park features: A. The following is a general description of the task that will be accomplished: 1. Meet with City staff to evaluate current problems. 2. Conduct site reconnaissance to determine site characteristics {sun exposure, grading, drainage, wind, types of plant zones, etc.), which affect the layout of the irrigation system. 3. Research City irrigation standards, preferred methods of installation and other technical data. 4. Prepare contract documents including working drawings, specification special provisions and bid breakdown sheet. a. Working drawings shall indicate piping, required valves, sprinkler heads, controller, equipment legend, details and applicable notes. b. The irrigation system shall be designed with low gal l onage heads for water conservation. 5. Prepare an installation program in coordination with i~-~ City staff which: a. Allows the existing irrigation to operate to sustain existing plant material during installation of the new system to the greatest extent feasible. b. Minimize the amount of time that trenches are left open. c. Minimize disruption of park activities. 6. Prepare estimate of probable costs. NOTE: Construction administration and observation are not included. II. Term. The term of this agreement shall be for the period from ~ 1, 1988, to completion of approved design documents, unless terminated or extended. III. Services. Architect agrees to perform the services listed in project scope incorporated herein, as though fully set forth, in accordance with City of Chula Vista standards/requirements. A. The Architect shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Architect under this agreement, except that the Architect shall not be responsible for the accuracy of information supplied by the City. Any corrections required due to the City's inaccurate data or information shall be City's responsibility, upon notice of the deficiency by the Architect. B. Architect shall participate in conferences with City staff for the development of all drawings and plans. IV. Fees and Payment Schedule. For the services listed herein, the City agrees to pay: A. The fee for services rendered shall be the flat fee amount of $11,700 (Eleven Thousand Seven Hundred Dollars). B. Payments shall be made monthly based on the percentage of work completed. -2- C. Reimbursable Expenses for which the Client shall be obligated in addition to the Fee for services rendered are for actual expenditures made by the Landscape Architect and his employees and consultants in the interest of the project as follows: 1. Expenses of transportation in connection with the project, living expenses in connection with out-of-town travel, long distance communications, and fees paid for securing approval of authorities having jurisdiction over the project. Mileage reimbursement shall be at the rate of $0.25 per mile. 2. Expense of reproductions, photography, postage and handling of Drawings and Specifications and other documents, excluding reproductions for the office use of the Landscape Architect. Reimbursement for these expenses shall be at the Landscape Architect's actual cost plus ten percent (10%) for handling and administration. 3. Expense of renderings, models, and mock-ups requested by the Client. Reimbursement for these expenses shall be at the Landscape Architect's actual cost plus ten percent (10%) for handling'and administration. ~_. 4. Expense of horticultural soils test and percolation test. Reimbursement for these expenses shall be at the Landscape Architect's actual cost plus ten percent (10%) for handling and administration. D. If the Client requires the Landscape Architect to Perform Additional Services not covered by this Agreement, the fee for such Additional Services shall be the subject of a separate negotiation with the Client at the time those services are requested. E. If the services covered by this Agreement have not been performed within 12 months from the date hereof through no fault of the Landscape Architect, the Fee for Services Rendered shall be equitably adjusted. V. City's responsibilities. The City shall have the following responsibilities: A. The City shall provide at no cost to the Landscape Architect: 1. Surveys, information regarding utilities, drainage and all related data for existing project site conditions. 2. A letter to verify the water pressure (in pounds per square inch) available at the project site for the purpose of irrigation design. 3. Necessary plans of buildings and structures indicating grading and utilities. B. Any changes in the Landscape Architect's services caused by inaccurate plans, information, or services furnished by the Client shall be paid for by the Client as an Additional Service. C. The Client shall be responsible for assuring that the Landscape Architect has access to the project site for all services covered by this Agreement. D. The Client shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Landscape Architect's services. VI. Ownership and Use of Documents. A. Drawings and Specifications, as instruments of service, are and shall be the property of the Landscape Architect whether the project for which they are prepared is executed or not. The Client shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference. The drawings and specifications shall not be used by the Client on other projects, for additions to this project, or for completion of this project by others, provided the Landscape Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the Landscape Architect. B. Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the project, is not to be construed as publication in derogation of the Landscape Architect's rights. VII. Representatives of Parties to A~reement. The following are designated as representatives of parties to this agreement: A. City designates the Director of Parks and Recreation as its representative in all matters under this contract (except execution thereof) and all notices given to the City shall be so addressed. -4- B. Architect Jack Nakawatase of ONA, Inc., as the representative under this contract and all notices sent to Architect shall be addressed to the above designated representative at 1551 4th Avenue, Suite 200, San Diego, CA 92101. VIII. Termination. A. This agreement may be terminated, in whole or in part, in writing by either party in the event of substantial failure by the other party to ful fill its obligations under this agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given (1) no less than thirty (30) days written notice (delivered by certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. If termination under (A) is effected by the City, the Architect shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination. C. If termination under (A) is effected by Architect, the Architect shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination, less any additional costs or expenses incurred by any damages suffered by the City by reason of such termination. D. Upon receipt of a termination notice pursuant to (A), above, the Architect shall: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been intended to be used in report preparation by the Architect in performing this agreement, whether completed or in process. E. Upon termination pursuant to (A), above, the City may take over the work and contract with another party to complete the work. F. The rights and remedies of the City and the Architect provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. -5- i~ IX. Assignment. Neither this agreement nor any duties or ~ obligations hereunder shall be assignable by the Architect without prior written consent of the City. In the event of an assignment by the Architect to which the City has consented, the assignee or its legal representative shall agree in writing with the City to personally assume, perform, and be bound by the covenants, obligations, and agreement contained herein. X. Successors and Assigns. Subject to the provision regarding assignment, this agreement shall be binding on the successors and assigns of the respective parties. XI. Attorney's Fees. If any action at law or inequity is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. XII. Modification of Agreement. This Agreement may be amended by reason of changes in the scope of the project as described herein and the amount of any adjustment shall be determined by negotiations to the mutual satisfaction of the City and the Architect. XIII. Indemnity. The City, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or deaths of any of them, whether caused by or resulting from any acts or omission of the Architect or its agents, employees or representatives pertaining to the specific work described in Item I of this agreement. The Architect further agrees to indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities and any cost and expenses incurred by the City on account of any claim therefor. In the event that a court of competent jurisdiction should determine that the City has no authority to provide by agreement for the performance of the hereinabove set forth professional services, the Architect nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Architect agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the Architect. XIV. Insurance. A. Architect shall, throughout the duration of this Agreement maintain professional errors and omissions coverage with minimum coverage of Five Hundred Thousand Dollars -6- ($500,000) and comprehensive general liability and property damage insurance coverning all operations hereunder of Architect, its agents and employees including but not limited to premises and automobile, with minimum coverage of One Million Dollars ($1,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CI~,~HU~LA ~S.TA ONA, INC. ATTES . Approved as to form by: Cit9 Attorney WPC 0946R -7-