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HomeMy WebLinkAboutReso 1987-12894 RESOLUTION NO. 12894 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SENSATIONAL CREATIONS LANDSCAPE AND MAINTENANCE COMPANY FOR LANDSCAPE SERVICES FOR OPEN SPACE DISTRICT NO. 4, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NO%1, 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 SENSATIONAL CREATIONS LANDSCAPE AND MAINTENANCE COMPANY, for landscape services for Open Space District No. 4 dated the 3rd day of February , 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. BE IT FURTHER RESOLVED that the sum of $4,423 be, and the same is hereby appropriated from Open Space District No. 4 Reserve Fund to Account 554-5540-5298, Other Contractual Services, to cover the cost of this project. Presented by Approved as to form by Manuel A. Mollinedo, Director ,~-J'~ S J./~/~rron, City of Parks & Recreation Attorney '~// 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5rd day of February 19 $7 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Nader NAYES~ Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers Malcolm ~ Vista 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 that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12894 ,and that the same has not been amendedor repealed DATED City Clerk CITY OF CHUIA VISTA CC--660 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND SENSATIONAL CREATIONS FOR LANDSCAPE SERVICES IN OPEN SPACE DISTRICT #4 THIS AGREEMENT, made and entered into this 3rd day of February, 1987, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "City" and Sensational Creations, a landscape contractor, hereinafter referred to as "Contractor"; WITNE S SETH WHEREAS, the City is desirous of using the services of a landscape contractor to restore a slope in Open Space District #4, behind 395 Camino Elevado; and WHEREAS, the landscape contractor is qualified to render professional landscape services to City for the project listed above. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Project Scope. The project will involve the restoration of slope, irrigation system, and plant material behind the residence of 395 Camino Elevado, Lot 176, Map #74-183D, which includes, but is not limited to the following work: a. Restoration of slope 1. Restore slope to natural contour of the slope (1½:1) with the existing surrounding topography. 2. Utilize soil available at the site. 3. Restore 3 ft. level shelf area beyond flagged and staked property line. Edge of shelf shall be a compacted soil berm running the length of the shelf area. b. Restoration of irrigation system 1. Reconnection of main line, electric remote valve, atmospheric vacuum breaker to code (including thrust blocks at the base), laterals at the top and toe of slope. 2. Installation of sprinklers on the laterals to provide uniform coverage for planted material on slope. 3. System shall be operable automatically from controller located between lots 179 and 180. c. Restoration of plant material 1. Install jute matting over project site. 2. Plant 120 acacia redolens at 5 foot on-center upon project site at top third of slope. The remainder of slope planted uniformly to point of galvanized lateral. 2 d. Notification to Open Space Coordinator of the following: 1. Starting date 2. Projected completion date 3. Bi-weekly status report. 2. Term. The term of this agreement shall be for a period of 1 month, from February 3, 1987, to March 3, 1987, unless terminated or extended. 3. Services. Contractor agrees to perform the following services, in accordance with City of Chula Vista standards/requirements: a. Review project scope, budget, plans and drawings with Open Space Coordinator. b. Analyze the physical conditions and current layout of the site. c. Guarantee plant materials for 60 days after installation and guarantee slope repair and irrigation repair for a period of one (1) year after project completion. d. The contractor shall be responsible for the professional quality, workmanship, timely completion, and the coordination of all reports and other services furnished by the contractor under this agreement. 4. Fees. For the services listed herein, the City agrees to pay contractor an amount not to exceed $4,423. Full payment shall be made upon completion of the project. 5. 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. Contractor 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 will be billed on an hourly basis. 6. City's Responsibilities. The City shall have the following responsi- bilities: a. The City shall provide at no cost to the contractor the following documents, information and services, if available: 1. Available soil 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. b. Any changes in the contractor's services caused by inaccurate plans, information, or services furnished by the City shall be paid for by the City as an additional service. Contractor shall be entitled to payment of the reasonable value of services rendered. c. City shall be responsible for assuring that the Contractor has access to the project site for all services covered by this agreement. 7. Termination. 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 (i) no less than fifteen (15) days written notice (delivered by certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for con- sultation with the terminating party prior to termination. 8. Indemnity. The City, its agents, officers and employees, shall not be held liable for any cliams, 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 contractor or his agents, employees or representatives pertaining to the scope of work included in this agreement. The contractor 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 perform- ance of the hereinabove set forth services, the contractor nevertheless agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the contractor agrees to indemnify and to save the City harmless from all claims arising by reason of the work done by the contractor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he executed the day and year first hereinabove set forth. THE CItY OF CHULA~VIS%A: SEN~TI~L CREA~ONS: Mayor, C~ ~7 Chula ViSta D~v~ DeF'~cci, Contractor ATTEST: A ~ lpprov~s to form by: ~'eit~-~Clerk ', ~i~y Attorne/ // ' WPC 0709R