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HomeMy WebLinkAboutReso 1974-7371 Form No. 342 Rev. 9-71 RESOLUTION NO. 7371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TUCKER & KATER LANDSCAPE ARCHITECTS FOR LANDSCAPE ARCHITECT SERVICES FOR THE NEW LIBRARY 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Tucker & Kater Landscape Architects, a Partnership, for Landscape Architect services for the new library dated the 9th day of July , 1974 , a copy of which is attached hereto and incor~orated 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 /~~ Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 9th day the following vote, to-wit: ~~ndbe~g. City the CITY COUNCIL of the CITY OF CHULA of July , 19~, by AYES: Councilmen NAYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl None ABSENT: Councilmen None ~~.~9G. ATTEST ~ ~ ~?~ayor of the City of Chula Vista (/ Ci ty Cler t:/ STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. , City Clerk of the City of that the above is a full, true , and that the same has not I, Chula Vista, California, DO HEREBY CERTIFY and correct copy of Resolution No. been amended or repealed. DATED C~ty Clerk CONSULTANT SERVICES AGREEMENT FOR CITY OF CHULA VISTA LIBRARY LANDSCAPE DEVELOPMENT THIS AGREEMENT, is ent$red into this 9th day of July , 1974, by and between TUCKER & KATER LANpSCAPE ARCHITECTS, a Partner- ship, hereinafter called the "Consultant", and the City of Chula Vista, a municipal corporation, hereinafter called the "City". WIT N E SSE T H : WHEREAS, plans for a new Chula vista Library are now under development by Richard George Wheeler and Associates, hereinafter referred to as the project Architect, and WHEREAS, it is necessary to develop landscape plans for the Library site concurrent with and complimentary to the Library plans, and WHEREAS, the City desires to engage the Consultant to render certain technical and professional services hereinafter described in connection with the preparation of construction plans, specifications and estimates for the landscape development of the new Chula Vista Library, hereinafter referred to as the Project. NOW, THEREFORE, the parties hereto mutually agree as follows: I. EMPLOYMENT OF CONSULTANT. The City agrees to engage the Consultant, and the Con- sultant hereby agrees to perform. the services hereinafter set forth. II. INTENT OF PARTIES. It is understood between the parties hereto that this work shall be in general conformance with all applicable Codes and Ordinances, and that the esti~ated cost of construction for the Project is $70,000.00. The Project location is the southerly sixty percent (approximately) of the total Library site as depicted upon the attached Exhibit "A". III. SCOPE OF CONSULTANT'S SERVICES. The Consultant shall, in a good, workmanlike and profes- sional manner and at his own cost and expense, furnish all of the labor, technical, administrative', professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly speci- fied to be furnished by the City, necessary or proper to perform and complete the work and provide the services required by the Consultant by this Agreement. The Consultant agrees to provide and perform such services in acoordance with the following condi- tions: A. Basic Services. The Consultant's basic services shall consist of the work phases described below in paragraphs 1 through 4 and include all services reasonably incidental thereto. The Consultant shall coordinate his work with such other consultants that may be employed by the City for services on the Project to ensure that the plans and specifications so prepared are integrated with plans and specifications prepared by others. - I - l( 1J 'I) 1. Preliminary Design Phase. Consultant shall prepare preliminary plans and separate estimates for the Project site as wetl as the total block bounded by "F" Street, Fourth lj.venue, Davidson Street and Garrett Avenue (See ExlJ.ibit "A"). The preliminary design phase shall inctude but not be limited to: a. Reproducible plans which shall clearly depict the proposed landscape improvements. b. Preliminary construction cost estimate The preliminary plans and estimates shall be pre- sented in an integrated package to allow for City review. Six copie$ of each of these documents shall be provided to the city. 2. Construction Document Phase. After approval by the City of the preliminary design phase, the Con- sultant shall prepare tomplete, reproducible working drawings, specificatio~s and a final estimate of con- struction cost as are required to invite competitive bids and for the subse~uent construction of the Project, all of which shall be subject to the approval of the City, and in such repr?ducible form as required for use by the Project Architect. Construction documents shall be delivered to the City. The Consultant shall assist the City to obtain approval of the plans and specifications as may be required by all Federal, state and local agencies. The required fees for checking and approval of plans and specificatiops by said agencies will be paid by the City except that any additional fees re- quired because an "error of the Consultant" (as defined in Part IV hereof) which shall cause said plans and specificatiops to be resubmitted, shall be paid by the Consultant. 3. Bidding Phase. The Consultant, under the supervision of the City, shall analyze bids received by the City, make recommendations to the City in regard to the award of or rej~ction of a contract or contracts for construction of the Project. In the event that all bids are rejected because they exceed 10% of the Consultant's final estimate of the total cost of construc'tion approved by the City, the Consultant shall withqut additional charge revise the plans and specifications so that new bids may be invited on the basis qf a reduced project in a manner approved by the City. 4. Construction P,hase. The Consultant shall pro- vide eight visits to the Project site during construc- tion of the Project at such times as requested by the City for the purpose of viewing the work, providing consultation, and/or approving work in progress. B. Additional servic~ The Consultant shall prepare all changes in the specificatio s, documents, and drawings, made necessary by errors or omissions in the originally approved working drawings, plans, and specifications. Where such work is necessitated by an "error of the Consultant" (as defined in - 2 - 1f137/ B. Delay occasioned by causes clearly beyond the control of the Consultant or by the necessity of obtaining required appro- vals of the plans and specifications are reason for the granting of an extension of time for the completion of the work of this Agree- ment. If such delay occurs, the Consultant shall forthwith notify the Director of Public Works in writing, describing the cause and the extent of the delay, whereupon the Director of Public Works shall ascertain the facts and recommend the extension of the time for completing the work if, in his judgment, his findings of fact justify such extension. Such recommendation shall be submitted to the City Council. The City Council's determination shall be final and conclusive on the parties to this Agreement. VII. COMPENSATION. A. Fees paid to the Consultant include all miscellaneous expenses such as supplies and materials, equipment, vehicles, trans- portation, office space and facilities, living expenses, telephone, taxes, and reproduction of plans and specifications. No fee will be paid for work by the Consultant which is not included in this Agreement and no extra compensation shall be paid to the Consultant for changes required by reason of any error of the Consultant in the preparation of plans, working drawings, and/or specifications. B. The City agrees to pay the Consultant a basic fee of $6,300.00 for the above described services in Item A.l through A.4, Part III. C. The City shall pay compensation for Additional Ser- vices (Item B, Part III of this Agreement) rendered by the Consul- tant upon written request of the City, at the following rates: Principal: $25.00 per hour Other personnel: Two and one-half (2-1/2) times the payroll expense but not to exceed $15.00 per hour per person. In no event shall the total additional compensation paid to the Consultant pursuant to the provisions of Item B, Part III exceed 2% of the estimated construction contract price. When re- quested by the City, the Consultant shall supply a written estimate of the cost and the amount of time required to perform requested additional services, if the Cons~ltant is directed by the City to provide such additional services the compensation for the specific undertaking shall not exceed the estimated cost. It is expressly understood and agreed that in no event will the total compensation and reimbursements, if any, to be paid hereunder, exceed the maximum sum of $7,700.00 for all services required. VIII. METHOD OF PAYMENT. The City will pay the Consultant a basic fee of $6,300.00 which shall constitute full and complete compensation for the Con- sultant's basic services hereunder. The basic fee will be paid in the following manner: In every case, subject to receipt of a claim for payment from the Consultant specifying that he haS performed the work under this Agreement in conformance with the Agreement, and the he is entitled to receive the amount claimed under the terms of the Agreement: - 4 - ~~~ $1,575.00 when Item A.I, Part III (Preliminary Design Phase) is completed to the satisfaction of the city. $3,465.00 when Item A.2, Part III, (Construction Docu- ment Phase) is completed to the satisfaction of the City. $ 315.00 when Item A.3, Part III, (Bidding Phase) is completed to the satisfaction of the City. $ 945.00 when Item A.4, Part III, (Construction Phase) is completed to the satisfaction of the City. At the time of the above payments, the City shall pay the Consultant in addition to the above payment, for such addi- tional services (Item B, Part III) as were properly performed by him upon City's receipt from Consultant of a claim indicating the amount actually spent for said services and his coordination. IX. CHANGE OF SCOPE. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the ~"ount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, may be incorporated herein by mutually satisfactory written amendment to the Agreement. X. INSTRUCTION TO PROCEED. The Consultant shall not proceed with performance of any services under this contract without first securing written autho- rization from the City to do so. XI. CONTACTS FOR RESPONSIBILITY. The Director of Public Works is the City's representative and William C. Tucker is the Consultant's representative for the purposes of administering this Aqreement. XII. AUDIT AND INSPtCTION OF RECORDS. At any time during normal business hours, and as often as the City may deem necessary, the Consultant shall make available to the City for examination all Qf its records with respect to all matters covered by this Agreement and will permit the City to make audits of all invoices, materials, payrolls, and other data relating to all matters covered by this Agreement. XIII. INTEREST OF CONSULTANT. The Consultant covenants that he presently has no interest and shall not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed. XIV. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Consultant shall fail to ful- fill in timely and proper manner his obligation under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have - 5 - ~~V the right to terminate this Agreement by giving written notice to the 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, models, photo- graphs and reports prepared by the Consultant shall become City property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. The Consultant hereby expressly waives any and all claims for damages for compensation arising under this Agreement except as set forth in this section in event of such termination. xv. TERMINATION FOR CONVENIENCE OF THE CITY. The City may terminate this Agreement at any time by giving written notice to the ConQultant 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 or unfinished documents and other material as des- cribed in Paragraph XIV above shall, at the option of the City, become its property. If the Agreement is terminated by the City, as provided herein, the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section in the event of such termination. If this Agreement is terminated by the Consultant, Paragraph XIV, relative to the termination shall apply. XVI. HOLD HARMLESS AGREEMENT. The City, and its agents, officers and employees, shall not be, nor be held, liable for any claims, liabilities, penalties, fines or forfeitures, or for any damages to the goods, properties or effects of Consultant or of any other persons whatsoever, nor for personal injury to or death of them or any of them, whether caused by or resulting from any negligent act or omission of Con- sultant or Consultant's agents, employees or representatives. Consultant further agrees to indemnify, and to save free and harmless, the City and the City'~ agents, officers and employees against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by the City on account of any claim therefor. In the event that a court of competent jurisdic- tion should determine that the City has no authority to provide by agreement for the provision of the hereinabove set forth pro- fessional services, the Consultant nevertheless agrees to assume the foregoing obligations and liabilities, by which it is in- tended by both parties that the Consultant shall indemnify and save the City free and harmless from all claims arising by reason of the work done or by reason of any act or omission of the Con- sultant. - 6 - ~~v XVII. EQUAL EMPLOYMENT OPPORTUNITY. There shall be no discrimination against any employee who is employed in the work cover~d by this contract, or against any applicant for such employment' because of race, color, religion, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. In the carrying out of the project, the Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. XVIII. INTEREST OF CITY OFFICERS AND OTHERS. No officer, member or employee of the City and no member of its governing body, and no other public official of the gover- ning body of the locality or loca,lities in which the Project is situated or being carried out who exercises any functions or re- sponsibilities in the review or approval of the undertaking or carrying out of this Project, shall (a) participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested; (b) have any in- terest, direct or indirect, in this Agreement or the proceeds thereof. XIX. ASSIGNABILITY. The Consultant shall not assign any interest in this Agreement, and shall not transfe~ any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Provided, however, that claims for money due or to become due to the Consultant from the City under this Agreement may be assigned to a bank, trust ,company, or other financial institution without such approval. Notice of any such assignments or transfer shall be furnished promptly to the City. XX. FINDINGS CONFIDENTIAL. Any reports, information, data, etc., given to or pre- pared or assembled by the Consultant under this Agreement which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. XXI. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. All reports, data and other materials prepared under this Agreement shall be the property of the City upon com- pletion of this Agreement. - 7 - R 137/ XXII. NOTICE. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party givi,ng such notice, or may be serviced by certified mail, return receipt requested to the following addresses: City: Lane F. Cole, Director of Public Works City of Chula vista P. o. Box 1087 Chula Vista, CA. 92012 Consultant: Tucker & Kater Landscape Architects P. O. Box 325 Cardiff, CA. 92007 XXIII. INDEPENDENT CONTRACTOR. The Consultant is, for all purposes arising out of this Agreement, an independent contraqtor and no employee of the Con- sultant is, for any purpose of this Agreement an employee of the City. IN WITNESS MIEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. TUCKER & KATER LANDSCAPE J:JCTS . 4~.Q~,i~A. THE CITY OF CHULA VISTA ~t.~ Mayor of;\' Ci ty of Chula .,vJ.sta ATTE~~~<//~ ' />(.//--"/1~.J CJ.ty Cl~rk Approved as to form by ii' '/ i '/ >_J,>(j / / //;.y:;' ~i~ i ~/~.<' / /j, !V.;/~ y:/ . ./ i Y;' orney c;:/ - 8 - '1(1.37 I