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HomeMy WebLinkAboutReso 1986-12432 Rescinded by Resolution #12452 on July 25, 1986 RESOLUTION NO. 12432 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GILLESPIE DeLORENZO, ASLA & ASSOCIATES TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES FOR THE REDESIGN OF THE PLAYGROND AND PARK AT HARBORSIDE ELEMENTARY SCHOOL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City òf Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and GILLESPIE DeLORENZO, ASLA & ASSOCIATES to provide landscape architectural services for the redesign of the playground and park at Harborside Elementary School dated the~day of April , 1986, 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 ~¿f;:~. L.- ~ ~Cd:4k Manuel A. Mollinedo, Tomas J. Harron, . . '7 Director of Parks and City Attorney Recreation ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of April /9 ~, by the following vote, to-wit: AYES: Counc il members McCandliss, Moore, Scott NAVES: Council members None ABSTAIN: Counci lmembers None ABSENT: Council members Cox, Malcolm ß~ th~¡" ~". V." ATTEST ~.<';./ 2:J~h if ¿:;:;r City STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) /, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12432 ,and that the same has not been amended or repealed DATED ~~~ ~ ~~......,;........ ~~~ City Clerk CllY OF CHULA VISTA C(-660 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND GILLESPIE DELORENZO, ASLA & ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES TO DESIGN IMPROVEMENTS TO THE PLAYGROUND AND PARK AT HARBORSIDE ELEMENTARY SCHOOL THIS AGREEMENT, made and entered into this 8th day of April, 1986, by and between the Ci ty of Chula Vi stat a municipal corporation, herei nafter referred to as "City" and Gillespie DeLorenzo, ASLA & Associates, Inc., a landscape archi tectural fi rm, herei nafter referred to as "Archi tect"; WIT N E SSE T H ---------- I WHEREAS, the City is desirous of using the services of a landscape architect to design the improvements to the playground and park at Harborside Elementary School; and WHEREAS, the Architect is qual ifi ed to render professi onal 1 andscape architectural services to City for the project listed above. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto l as follows: 1. Project Scope. The project involves the following: a. Resurfacing and repairing as needed, and restriping of the I game areas on the asphalt playground. b. Installing a lunch pavilion on the asphalt area to hold 200 L students, according to City and Chula Vista School District building standards. c. Installing passive study/picnic areas with walkways, turf and picnic tables/benches. " d. Improving sand play area. e. Planting trees or shrubs at the east end of the park along . the fence line. l f. Resurfacing and landscaping the parking lot; designing new irrigation system for lot's landscaping areas. g. Making improvements to the ballfields, including re-fencing. I h. Enclosing trash bins located near ballfields. ~ i. Studyi ng current irrigation system for ballfi el ds for r possible realignment due to expanded field usage. r 2. Term. The term of this agreement shall be for a period of four f months, from April 8, 1986, to August 8, 1986, unless terminated. r - 3. Services. Architect agrees to perform the following services: a. Review project scope and budget with City staff and others, as directed. b. Analyze the physicàl conditions and current layout of the park site. c. Prepare one preliminary development concept plan incorporating the proposed improvements listed in the project description. d. Prepare one final concept plan based on input received from the community and City staff. e. Present the preliminary concept plan at two community meetings and present the final concept plan at one City Council meeting. f. Prepare one set of construction drawings which will include the following: 1) Hardscape and Pl ayground Stripi ng Pl ans (1" = 20' scale), which will include layout and details for playground, walkways, picnic/study areas, suggested materials. 2) Planting Plans (1" = 20' scale) which will include location and type of plant material to be used, quantities, sizes, varieties and planting details. t"~ 3) Specifications for proposed construction and planting, which will include standards for materials and installation and methods of installation. 4) Final Cost Estimates, which will be itemized and be based on final working drawings. The estimates will list as bid alternates items 1, 8 and 9 listed in the project description. 5) Plans must be prepared on "D" sheet (2' x 3') size mylar with standard City border. Mylars are available in the Publ i c Works Department for $4 per sheet for plain sheets and $5 per sheet for plan profiles. g. Prepare construction bid documents, using City's format with input from City staff. h. Provide all surveying, if needed, for preparation of plans and construction of the project. Surveying shall be done , by a professional engineer or licensed land surveyor. City shall provide past survey information taken at the site. -2- -~----- i. The Archi tect shall be responsibl e for the professi ona 1 quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Archi tect under this agreement, except that the Architect shall not be responsible for the accuracy of information suppliec, 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 Archi tecto 4. Fees. For the services 1 i sted herei n, the City agrees to pay ÄrëKitect an amount not to exceed $8,000, excluding reimbursable expenses. Fees will be charged on a time and materials basis and wi 11 be billed monthly as the work progresses and the net amount 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 relmbursables expenses, payable by the City to the Architect: a. Blueprinting and photographic enlargement work. b. Reproduction, at 10 cents per copy. c. Electronic typesetting/laser printing at $30 per hour. d. Preparati on of special materi al s for presentati ons (i .e., I mylars, frames, mounting, etc.) soils tests, and the use of outside consultants, such as for surveying, at cost plus 20 r percent. 6. Additional Work. Additional work, beyond the scope as outlined l in thi s agreement, wi 11 be negoti ated at the time such work is requested by the City. Architect shall submi t a written fee estimate for the additional work for review and approval by the Ci ty pri or to such work bei ng performed. Additional services, such as additional public presentati ons and assi stance during bidding or construction, will be bi lled on an hourly ba si s according to the attached Schedule of Standard Office Charges. 7. City's Res~onsibilities. The City shall have the following responslblllties: a. The City shall provi de at no cost to the Architect the following documents, information and services, if available. 1) Available soils reports. 2) Grading plans and topographic survey -of the site. 3) Maps and plans for 1 i nes of streets, pa vements and adjoining properties, right of way, restrictions, easements, and other improvements, if any. -3- 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 Master Pl an in accordance with City policies and prQcedures. 7) Assis~ance in obtaining data from public or private agencl es, as necessary. b. Any changes in the Archi tect' s services caused by inaccurate plans, information, or services furnished by the City shall be paid for by the City as an additional service. c. City shall be responsible for assuring that the Architect has access to the project site for all services covered by thi s Agreement. d. City shall furnish required information and services and shall render approvals and decisions as expeditiously as nece~sary for the orderly progress of the Architect's serVlces. e. City shall furni sh a project manager from its staff to assist with this project. 8. Ownershi p and Use of Documents. a. Drawings and specifications for project described herein are and shall remain the property of Architect whether the project is executed or not. City shall be permitted to retain copies, including reproducible copies, of drawings and speci fi cati ons for i nfomation and reference. The drawings and specifications shall not be used by City on other projects, or for completion of this project by others, provi ded Archi tect is not in defaul t under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. b. Submission or distribution of documents to meet official regul atory 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. -4- b. Architect designates Nicholas F. DeLorenzo as the representative under thi s contract and all noti ces sent to Architect shall be addressed to the above desi gnated representative at 3733 Sixth Avenue, San Diego, CA 92103. 10. Termination. a. Thi s agreement may be termi nated, in whol e or in part, in writing by either party in the event of substantial failure by the other party to ful fi 11 its obligations under this agreement through no fault of the terminating party, provi ded that no such termi nati on may be effected unl ess 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 termi nati ng party prior to termination. b. If termination under (a) is effected by the City, the Architect shall be entitl ed to payment of the reasonabl e val ue of services rendered and expenses incurred pri or to the termination, in addition to termination settlement costs reasonably incurred by the Architect rel ati ng 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 reasonabl e value of services rendered and expenses incurred prior to the termination, less any additional costs or expenses incurred by any damages suffered by the Ci ty by reason of such termination. d. Upon recei pt of a termination notice pursuant to (a), above, the Architect shall: (1) promptly discontinue all servi ces affected (unless the notice directs otherwi se) , 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 preparati on by the Archi tect in performi ng thi s agreement, whether compl eted 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. 1. The ri ghts and remedi es 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- g. The parties understand and agree that Harborside Elementary School Park is under the juri sdicti on and control of the Chul a Vi sta Elementary School Di strict. Said District is not a party to this contract, however, District's concurrence is of the essence. In the event District does not concur with any aspect of this contract, the obligation and responsibilities of the parties shall terminate. Architect shall be compensated for all work performed to the date of termination. 11. 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 assi gnment by the Archi tect 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. Succes sors and Assigns. Subject to the provi si on regardi ng assignment, thlS agreement shall be binding on the heirs, executors, administrators, 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 enti tl ed to reasonabl e attorney I s fees in addition to any other relief to which it may be entitled. 14. I~odi fi cati on of Agreement. Thi s Agreement may be amended by reason of changes in the scope of the project as descri bed herei n and the amount of any adjustment sha 11 be determi ned by negoti ati ons 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 resul ti ng from any acts or omi ssion of the Architect or its agents, employees or representatives. The Archi tect 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 shoul d determi ne that the City has no authori ty to provide by agreement fot the performance of the hereinabove set forth professional services, the Archi tect neverthel ess agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that the Architect agr~es to indemnify and to save the City harmless from all claims arising by reason of the work done by the Architect. -6- 'I IN WITNESS WHEREOF, the parti es hereto have caused thi s Agreement to be executed the day and year first hereinabove set forth. LANDSCAPE ARCHITECT: GILLESPIE DELORENZO, ASLA & THE CITY OF CHULA VISTA ASSOCIATES, INC. Nicholas F. Delorenzo, Vlce Presldent Mayor, Clty of Chula Vlsta ATTEST Approved as to form by: Clty Clerk Ci ty Attorney WPC 0596R -7- - G I L L E 5 P I E . D E L 0 R E N Z 0 & A 5 .5 0 C I A'T E 5 I N C SCHEDULE OF STANDARD OFFICE CHARGES Effective October 01, 1985 I Staff Hourly Billinq Rates Rate Per Hour Partners (Dennis Gillespie/Nick DeLorenzo) $84.00 Vice Presidents Planning/Design . . . $76.00 Senior Planners/Landscape Architects . . . $66.00 Project Planners/Landscape Architects . . . $48.00 Field Observation Services . . . . . $48.00 Assistant Planners/Landscape Designers . . $38.00 Word Processing/non-technical staff . . $25.00 In-house reproduction and miscellaneous services: - Electronic typesetting/laser printing is charged on a job-by-job basis calculated at $30.00 per hour of computer printing time. - Xeroxing at 10 cents per copy. - Blueprinting based on office blueprints schedule, which can be provided as requested. -- - All other exhibits and report preparation supplies will be billed at cost plus 20% handling, or contracted for directly by you. THESE RATES ARE SUBJECT TO CHANGE WITH 30 DAYS NOTICE ON JAi'WARY 01 AND JULY 01 OF EACH YEAR. . OFFRATES/VER: 1 MISC. CiD Gillespie 0 Delore"zo. A.SoLA. & Associa'es, Inc. land P[annmq, lalliiscape ,\rchi/ectuTe <th Avenue San Oiego, CA 02103 16[91295-51 [5 ---""-'---