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HomeMy WebLinkAboutReso 1987-12946 RESOLUTION NO. 12946 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ONA FOR PREPARATION OF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR EL RANCHO DEL REY #6 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 for prepara- tion of construction drawings and bid specifications for E1 Rancho del Rey #6 Park dated the 24th day of March , 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 Manuel A. Mollinedo, Director ~p6mas J. ~ron, City of Parks and Recreation Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th doy Of March 19 s? , by the following vote, to-wit: AYES: Councilmembers Nader, Moore, Cox NAYES: Counci lmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers Malcolm, McCandliss May~' e~the City of-/C"hula Vista City Clerk STATE 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 thor the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12946 ,and thot the same has not been omendedor repealed. DATED ~ City Clerk OF CHUI. A VISI'A CC--660 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND ONA FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE PREPARATION OF CONSTRUCTION DRAWINGS AND BID SPECIFICATIONS FOR EL RANCHO DEL REY #6 PARK THIS AGREEMENT, made and entered into this 24th day of March, 1987, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "City" and ONA, a landscape architectural firm, hereinafter referred to as "Architect"; W ITNESSETH WHEREAS, the landscape architect developed a concept plan for E1 Rancho Del Rey #6 Park; and WHEREAS, the City approved the concept plan and is desirous of using the landscape architect to prepare construction drawings and bid specifications. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Project Scope. The project will involve the preparation of construction drawings and bid specifications based on all of the park concept plan, which will include features included in the the following: a. Irrigation systems b. Planted areas, including turf, shrubs, plants and trees c. ~al kways d. Two pl~ areas with play equipment e. Improvements to existing drainage channel f. Picnic areas g. Fixtures, including trash receptacles, tables, benches, bike racks, drinking fountains h. Monument sign i. Mul ti-purpose court j. Security lighting k. Exercise stations 1. Bridges m. Gate for SDG&E utility road 2. Term. The term of this agreement shall be for the period from March 24, 1987, to completion of construction of the project, unless terminated or extended. 3. Services. Architect agrees to perform the following services, in accordance with City of Chula Vista standards/requirements: a. Review project scope, budget, plans and drawings with City staff and others, as directed. b. Analyze the physical conditions and current layout of the park site. c. Prepare construction drawings, to be submitted to the City prior to June 30, 1987, which will include the following: 1. Irrigation plans 2. Grading, demolition, and drainage plans 3. Planting plans 4. Staking plans 5. Landscaping plans 6. Detailing plans 7. Electrical plans 8. Water and utility plans d. Prepare bid specifications and cost estimates for items listed in Section 1 of the agreement. e. Assist City staff in administering the construction project by making visits to the construction site, when requested by the City, for the purpose of ensuring conformance to the intent of the plans and specifications. f. 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. g. Participate in conferences with City staff for the development of all drawings and plans. h. Prepare construction as-built drawing to project field changes. 4. Fees. For the services listed herein, the City agrees to pay Architect an amount not to exceed $34,100 excluding reimbursable expenses. Payment to the Architect shall be made monthly in proportion to the work satisfactorily completed by the Architect and shall not exceed the following: a. 60% or $20,460 for completion of construction drawings b. 25% or $8,525 upon City approval of construction drawings c. 5% or $1,705 for completion of bid specifications d. 5% or $1,705 upon City approval of bid specifications e. 5% or $1,705 for completion of construction as-builts -2- The net amount to be paid monthly shall be due within 30 days from the date of receipt of the invoice to the City. 5. Reimbursable Expenses. The following shall be considered reimbursables expenses, payable by the City to the Architect, upon submittal of invoices, for an amount not to exceed $2,500: a. Blueprinting, at a cost of $.12/S.F. b. Reproduction, at .06 cents per copy. c. Site visits, at $125 per visit. 6. Additional Work. Additional work, beyond the scope as outlined in this agreement, will be negotiated at the time such work is requested by the City. Architect shall submit a written fee estimate for the additional work for review and approval by the City prior to such work being performed. Additional services, such as additional public presentations, will be billed on an hourly basis. 7. City's Responsibilities. The City shall have the following responsibilities: a. The City shall provide at no cost to the Architect the following documents, information and services, if available. 1) Available soils reports. 2) Grading plans of the site. 3) Maps and plans for lines of streets, pavements and adjoining properties, right of way, restrictions, easements, and other improvements, if any. 4) Maps and plans for utility lines, both public and private, from San Diego Gas & Electric. 5) Existing planning studies and reports relative to the site and region. 6) Guidance in preparing the plans and drawings in accordance with City policies and procedures. 7) Assistance in obtaining data from public or private agencies, as necessary. b. Any changes in the Architect's services caused by inaccurate plans, information, or services furnished by the City shall be paid for by the City as an additional service. Architect shall be entitled to payment of the reasonable value of services rendered. -3- c. City shall be responsible for assuring that the Architect has access to the project site for all services covered by this Agreement. d. City shall furnish required information and services, as stated in Section 7a, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's services. e. City shall furnish a project manager from its staff to assist with this project. 8. Ownership and Use of Documents. a. Drawings and specifications for project described herein are and shall remain the property of the City whether the project is executed or not. Architect shall be permitted to retain copies, including reproducible copies, of drawings and specifications. 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 Architect's rights. 9. Representatives of Parties to Agreement. 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. b. Architect designates Jack Nakawatase of ONA as the representative under this contract and all notices sent to Architect shall be addressed to the above designated representative at lO1 W. Broadway, Suite 505, San Diego, CA 92101. 10. 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 fulfill 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 opQortunity for consultation with the terminating party prior to termination. -4- 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, in addition to termination settlement costs reasonably incurred by the Architect relating to commitments which had become firm 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. ll. 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. 12. Successors and Assigns. Subject to the provision regarding assignment, this agreement shall be binding on the successors and assigns of the respective parties. 13. 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. -5- 14. 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. 15. 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 included in the professional services described in Item 3 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. LANDSCAPE ARCHITECT: THE CITY OF CHULA VISTA ONA ayor, City ~f Chula Vista /XJac~ Nakawat~se, Principal ~C~/~/~t torney~/~ WPC 0733R -6-