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HomeMy WebLinkAboutReso 1986-12452 RESOLUTION NO. 12452 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NO. 12432 AND APPROVING A NEW AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GILLESPIE DELORENZO, ASLA & ASSOCIATES, INC. TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES FOR THE REDESIGN OF THE PLAYGROUND AND PARK AT HARBORSIDE ELEMENTARY SCHOOL, 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BE IT RESOLVED by the City Council of the City of Chula Vista that Resolution No. 12432 be, and the same is hereby rescinded. BE IT FURTHER RESOLVED that certain revised agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Gillespie DeLorenzo, ASLA & Associates, Inc., to provide landscape architectural services for the redesign of the playground and park at Harborside Elementary School, dated the 6th day of May, 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 Manuel A. Motlinedo, ~2~omas J. ~/~ron, City Director of Parks & Recreation ., /Attorney 1471a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th day of May 19 86 , by the following vote, to-wit: AYES: Counci]members Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None Mayo~e City of Chula Vista ATTEST. ~,~ 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 Chulo Vista, California, DO HEREBY CERTIFY thor the above ond foregoing is a full, true and correct copy of RESOLUT[0N NO. ;[2452 ,and that the some has not been amended or repealed DATED City Clerk CllY OF CHULA VISTA ;C-660 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND GILLESPIE DELORENZO, ASLA & ASSOCIATES, INC.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 6th day of May, 1986, by and between the City of Chula Vista, a municipal corporation, hereinafter referred to as "City" and Gillespie DeLorenzo, ASLA & Associates, Inc., a landscape architectural firm, hereinafter referred to as "Architect"; W ITNESSETH 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 qualified to render professional landscape architectural services to City for the project listed above. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as fol 1 ows: 1. Project Scope. The project involves the following: a. Resurfacing and repairing as needed, and restriping of the game areas on the asphalt playground. b. Installing a lunch pavilion on the asphalt area to hold 200 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. 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. h. Enclosing trash bins located near ballfields. i. Studying current irrigation system for ballfields for possible realignment due to expanded field usage. 2. Term. The term of this agreement shall be for a period of three mo---6~l~s, from May 6, 1986, to August 8, 1986, unless terminated or renewed. 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 physical conditions and current layout of the park ~ite. 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: l) Hardscape and Pl~ground Striping Plans (l" = 20' ~ scale), which will include la,rout and details for playground, walkways, picnic/stu~ areas, suggested materials. 2) Planting Plans (l" = 20' scale) which will include location and type of plant material to be used, quantities, sizes, varieties and planting details. 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 l, 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 Public 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 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. 4. Fees. For the services listed herein, the City agrees to pay Architect an amount not to exceed $8,000, excluding reimbursable expenses. Fees will be charged on a time and materials basis and will 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 reimbursables expenses, payable by the City to the Architect: a. Blueprinting and photographic enlargement work. b. Reproduction, at l0 cents per copy. c. Electronic typesetting/laser printing at $30 per hour. d. Preparation of special materials for presentations (i.e., mylars, frames, mounting, etc.) soils tests, and the use of outside consultants, such as for surveying, at cost plus 20 percent. 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 and assistance during bidding or construction, will be billed on an hourly basis according to the attached Schedule of Standard Office Charges. 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. l) Available soils reports. 2) Grading plans and topographic survey 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. -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 Plan 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. 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 and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect's !ii services. I 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 Architect whether the ~ii project is executed or not. City 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 City on other projects, or for completion of this project by others, provided Architect is not in default under this Agreement, except by agreement in writing and with appropriate compensation to the 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 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 this contract and all notices sent to Architect shall be addressed to the above designated representative at 3733 Sixth Avenue, San Diego, CA 92103. lO. 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 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, 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 it 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- g. The parties understand and agree that Harborside Elementary School Park is under the jurisdiction and control of the Chula Vista Elementary School District. 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. 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 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 entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. 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. ~. The City, its agents,, officers and employees~ shall not be held liable for any claims, l~abilities, 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 City understands that these referenced services are for rehabilitation of an existing facility and that pre-existing conditions are not included within this indemnity 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. -6- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. LANDSCAPE ARCHITECT: GILLESPIE DELORENZO, ASLA & THE CITY OF CHULA VISTA ASSOCIATES, INC. M~or, Ci la Vista NiCholas F. DeLor~hzo, ,~ic~ Fre~/~ent Ail[ ~.~ ApproYed as to form by: WPC 0596R -7-