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HomeMy WebLinkAboutReso 1987-12889 RESOLUTION NO. 12889 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JACK NAKAWATASE, LANDSCAPE ARCHITECT OF ONA, INC. FOR PROFESSIONAL CONSULTANT SERVICES FOR THE MTDB RIGHT OF WAY LANDSCAPE CONCEPT 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 JACK NAKAWATASE, Landscape Architect of ONA, INC., a California corporation, for professional consultant services for the MTDB right of way landscape concept dated the 27th day of January , 1987, 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 .,. "~'~.~ ' , ~i~'/ ~ George~rempl, l~iZrector of <~Th~.mas J. ~ron, City Planning ~fttorney ~ 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of ,Tanuar7 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader, ~alcolm NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Councilmembers None ~vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEC_~ ) 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above and foregoing is o full, true and correct copy of RESOLUTION NO. 12889 ,and that the same has not been omendedor repealed. DATED City Clerk CIIY OF CHUIA VISTA CC-660 AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN THE CITY OF CHULA VISTA AND ONA, INC. LANDSCAPE ARCHITECTS FOR A LANDSCAPE CONCEPT PLAN MTDB RIGHT-OF-WAY WHEREAS, the City of Cbula Vista is in need of professional Landscape Architectural services to prepare a Landscape Concept Plan; and WHEREAS, the City of Chula Vista has issued an invitation to Landscape Architectural firms throughout the State of California to submit their Statement of Qualifications for review; and WHEREAS, the City evaluated the qualifications of 15 f~ms and interviewed 6 of these fu-ms for possible selection; and WHEREAS, ONA, Inc. was selected as the most qualified firm for the proposed project due to the firm's successful completion of similar projects for other public clients. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista and ONA, Inc., a consulting firm, do hereby mutually agree as follows: I. PARTIES The parties to this agreement are the City of Chula Vista, a municipal corporation (hereinafter referred to as "CITY"); and ONA, Inc., a consulting firm (hereinafter referred to as "CONSULTANT"). II. INTENT OF THE PARTIES It is the intent of the CITY and CONSULTANT that CONSULTANT carry out the .attached Proposed Scope of Work andProject Schedule (ATTACHMENT"A"). It is further the intent of the CITY that CONSULTANT coordinate his work with Mr. George Krempl, Planning Director, and Mr. Bob Sennett, City Landscape Architect, and other firms and individuals contributing planning or other professional services to the Landscape Concept process. IlL OBLIGATIONS OF THE CONSULTANT CITY, pursuant to the agreement, hereby contracts with ONA, Inc. (CONSULTANT) to act in its behalf directly and indirectly and in conjunction with CITY staff in carrying out the attached Work Program and Project Schedule (ATTACt-LMENT "A"). CONSULTANT will perform in accordance with the standard customarily provided by an experienced and competent Landscape Architectural organization rendering the same or silnilar services. 1 IV. OBLIGATIONS OF THE CITY CITY shall regularly consult the CONSULTANT for the purpose of reviewing the progress of the Landscape Concept Plan and to provide direction and guidance to achieve the objectives of the project. The CITY shall permit access to its office facilities, files and records by CONSULTANT throughout the term of the contract. V. ADMINISTRATION OF CONTIL~(TT .The CITY hereby designates the Director of Planning as the CITY's representative ~n the review and administration of the work performed by CONSULTANT, pursuant to the attached Work Program and Project Schedule (ATTACHMENT VI. PROJECT SCHEDULE AND COMPLETION DATES The CITY hereby authorizes the Director of Planning to administer the Work Program and Project Schedule as contained in ATTACHMENT "A". VII. TERM This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate, if not terminated pursuant to other provisions contained herein, or otherwise extended by all parties, on t4a¥ 15~ 1987 vni. The compensation to be paid by CITY to CONSULTANT shall be on a fixed price basis in the amount of Eighteen Thousand Four Hundred Dollars ($18,400.00) in accordance with ATTACHMENT "B", Schedule of Fees, which shall be used by the CITY in determining the amount of work completed by CONSULTANT and, therefore, the percentage of compensation to be paid by CITY of CONSULTANT each month for work program elements completed. Work program elements shall be completed by CONSULTANT in accordance with the Work Program and project Schedule, (ATTACHMENT "A"). CITY agrees to pay the total sum invoiced and approved by the Director of Planning each month during the duration of this agreement. I X. INTEREST OF CONSULTANT CONSULTANT presently has not, nor will have during the term of this contract, any business relationship with any person for firms doing business within the Chula Vista sphere of influence area, as identified in the CITY's December 1984 report, that would constitute a conflict of interest. X. HOLD HARMLESS CONSULTANT agrees to defend, indemnify and hold harmless the CITY from and against all liability, cost and expense (including without limitation attorneys' fees) arising from loss of or damage to any property whatsoever or injury to or death or 2 any person whomsoever caused or alleged to be caused or occasioned by the negligent act or omission of CONSULTANT or any agent or employee of CONSULTANT arising out of or in connection with this agreement or the work to be performed by CONSULTANT hereunder, except to the extent such liability, cost or expense is caused by the negligence of the CITY. CONSULTANT's liability hereunder will be limited to the proceeds recovered from CONSULTANT's insurance. Errors and omission insurance coverage for the duration of the project shall include a $1,000,000 limit per claim XI. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause within CONSULTANT's control, CONSULTANT shall fail to fulfull in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSULTANT shall, at the option of the CITY, become the property of the CITY, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Paragraph VIII hereinabove. XII. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY CONSULTANT may terminate this agreement at any time and for any reason for giving specific written notice to CONSULTANT of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Paragraph VIII hereinabove shall, at the option of the CITY, become CITY's sole and exclusive property. If the agreement is terminated by CITY as provided in this paragraph, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph VIII hereinabove in the event of such termination. XIII. ASSIGNABILITY CONSULTANT shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assigranent or novation), without prior written consent of CITY. It is understood that the firms of Sholders & Sanford, and Turpin & Rattan, may be performing a portion of the project as a subcontractor to ONA, Inc. XIV. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE OF MATERIAl, 3 All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copy fights, or patent rights by CONSULTANT in the United States or in any other country without the express written consent of CITY. CITY shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Art), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. XV. INDEPENDENT CONTRACTOR CITY is interested only in the results obtained and CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement. CITY maintains the right only to reject or accept CONSULTANT's agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. XVI. CHANGES CITY may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any change in the amount of CONSULTANT's compensation which are mutually agreed upon by CITY and CONSULTANT shall be effective as amendments to this agreement only when in writing. XVII. RESPONSIBLE CHARGE CONSULTANT shall assign a project manager(s) to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the CITY's Director of Planning. The project manager for ONA, Inc. shall be Jack Nakawatase; the project manager for Sholders & Sanford shall be Rick Rubin; and the project manager for Turpin & Rattan shall be Bill Rattan. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this contract for planning services (agreement) this 2 7 th day of January ,1987 CITY OF CHULA VISTA CONSULTANT Grego,/p R(./Cox ' F ~Jack T. Nakawatase Mayor~ City of Chula Vista ~,,~ONA, Inc. ATTACHMENT "A" LANDSCAPE CONCEPT PLAN MTDB RIGHT-OF-WAY CITY OF CHULA VISTA The consultant shall prepare a landscape concept plan and report that will guide subsequent landscape planning and development of the MTDB Right-of-Way between the north and south City boundary (72+ acre corridor is 4 miles long and varies in width from 100' to 200' average 150'). The project Concept Design involves but is not limited to the following: 1. Irrigation systems 2. Walkways/bike paths 3. Security fighting 4. Planted areas and slopes, including ground cover, shrubs and trees. 5. Drainage systems 6. Safety fencing The consultant will perform the following tasks, in accordance with City of Chula Vista, MTDB, and Cal Trans restrictions. 1. Programming. Scope and Data Collection a. Consultant will meet with City, MTDB and Cal Trans staff to further define the design - program, schedule, and coordination of efforts. b. City shall assist Consultant with data collection. 2. Site Analysis a. Consultant shall review data and make site visits as needed to provide a general site analysis. Concerns related to existing conditions, drainage, visual impact, safety, security, constraints and opportunities shall be assessed. b. Consultant shall meet with City staff to gather information related to futura development adjacent to the MTDB Right-of-Way which may affect its development. c. Consultant shall also meet with City Staff to evaluate their concerns related to the ongoing management of the Right-of-Way. 3. Preliminary_ Concept Plans (3~ a. Consultant shall prepare three alternate preliminary concept plans for review and input. The plans will not cover the entire length of the Right-of-Way. The intent of these plans will be to illus~cate alternate design schemes. 4. Presentation of Altemate Preliminary Concept Plans a. The Consultant shall present the alternate concept plans to appropriate City staff. b. Other presentations may be needed to gather input from MTDB and Cai Trans. 5. Final Concept Plan. Report and Estimat~ a. The selected design scheme will be used to develop a concept design for the entire project area (as previously described). b. The final plan shall be a 1" = 40'-0" scale with a limited number of blow-up plans and sections to define the design concept in greater detail. c. A Concept Design Report shall be prepared including but not limited to the following: -- Project Introduction -- Goals and Objectives -- Description of Design Process -- Design Concept -- Estimate of Probable Costs -- Implementation Recommendations and Alternatives 6. Presentations a. Consultant shall be available for the following presentations: -- 1 presentation to Park & Recreation Commission -- 1 presentation to City Council 7. Schedule The Consultant shall perform the tasks related to this scope of work in accordance with the following time schedule. This assures that all data is available and that delays beyond the direct control of the Consultant do not occur. a. Programming, Scope and Data Collection 1 week b. Site Analysis 2 weeks c. Preliminary Concept Plans 3 weeks d. Presentation Unknown at this time e. Final Concept Plan, Report and Estimate 3 weeks f. Presentations (limited to 1 Park & Recreation, 1 City Council) Unknown at this time 8. Additional formal presentations not included herein shall be at an hourly rote. (Hourly Rate Schedule - Attachment "C"). ATTACHMENT "B" FEE BREAKDOWN LANDSCAPE CONCEPT PLAN MTDB RIGHT-OF-WAY CITY OF CHULA VISTA The professional fee shall be on a fixed price basis in the amount of Eighteen Thousand Four Hundred Dollars ($18,400.00). Payments shall be made monthly based on the percentage of work completed. The fee is broken down as follows: 1. Programming, Scope and Data Collection Site Analysis $ 2,800.00 2. Preliminary Concept Plans (3) and Presentation $ 9,100.00 3. Final Concept Plan, Report, Estimate and Presentations $ 6,500.00 ATTACHMENT "(~" LANDSCAPE CONCEPT PLAN MTDB RIGHT-OF-WAY CITY OF CHULA VISTA HOURLY RATES EFFECTIVE 6/1/86' PRINCIPAL $ 65.00 ASSOCIATE $ 50.00 SENIOR DESIGNER $ 39.00 DESIGNER $ 34.00 SENIOR DRAFFSPERSON $ 27.00 DRAFTSPERSON $ 24.00 CLERICAL $18.00 *RATES ADJUSTED SEMI-ANNUALLY COUNCIL AGENDA STATEMENT Item 8 Meeting Date 1/27/87 ITEM TITLE: Resolution~Z~/ Approving agreement for professional consultant services for the MTDB right-of-way landscape concept SUBMITTED BY: Director of P1 anning ~ REVIEWED BY: City Manage~ {4/5tbs Vote: Yes No X ) The attached agreement with Mr. Jack Nakawatase, Landscape Architect of ONA, Inc., a California Corporation is for professional landscape architectural services in the preparation of landscape concept plans for the beautification of the MTDB right-of-way within the boundaries of the City of Chula Vista. RECOMMENDATION: That Council approve the attached agreement authorizing the Mayor to sign on behalf of the City Council. BOARDS/CO~ISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The 1986-87 Capital Improvement Budget approved by the Council includes a capital improvement project to provide landscaping along the MTDB right-of-way to improve the appearance of the MTDB right-of-way within the City and the various entry ways to the City. Since December, 1981, City Council has been interested in the beautification of the MTDB right-of-way and several ideas for corridor improvement have been discussed. The inclusion of these design ideas will help the consultant develop an overall master plan for the MTDB right-of-way that will prescribe specific landscape and possible site utilizations throughout the entire corridor with special emphasis on the entries to the City of Chula Vista. A formal RFP was mailed out to 36 Landscape Architectural firms with replies received from 16 of the firms contacted on October 10, 1986. All submittals were given to a pre-selection committee consisting of Steve Thomas, Associate Civil Engineer; Jerry Foncerrada, Parks Superintendent; and Jim Davies, Community Development Specialist, from this committee, six firms were chosen for final interview with a final-selection committee. The final-selection committee consisted of Bill ~usta~son, Chula Vista Transit Coordinator; Gene Grady, Retired Building Official; and R.W. Sennett, Project Manager. Each firm representative was given an opportunity to expand on their written proposal before the interview board described above. The finalists consisted of the following: Ortgiesen/Blanchard Partnership Halsey Design Group Van Dvke and Associates Gille~pie DeLorenzo, ASLA and Associates David Zegler and Associates O.N.A. (Otsuji Nakawatase and Associates) Page 2, Item 8 Meeting Datel-~-~7-/~7 Many themes were introduced for the overall project that covered the extremes of artistic freedom to the reserved and subtle introduction of ground plane plant material and engineering solutions to the corridor. The final-committee recommendation was to select ONA for the contract because of their grasp of the sensitivity and complexity of dealing with the public transit right-of-way; their experience in dealing with public entities,their Qualitative approach and work program, and overall expertise. The anticipated schedule of the development of the master concept plan would be completion and final presentation to City Council by the mid part of May. Specific meeting date not yet established. FISCAL IMPACT: Budgeted C.I.P. monies total $178,000 for the MTDB Landscape Program. The impact of this contract is in the amount of $18,500. WPC 3459P /~y th~ City CoUncil of Chula Vista, California Dated /%2 7 -,")¢'-'~