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HomeMy WebLinkAboutReso 1979-9899. Form. No. 342 Rev. 2/76 RESOLUTION NO. 9899 RESOLUTION OF THE CITY COUNCIL OF fiHE"CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE PEKAREK GROUP FOR ARCHITECTURAL SERVICES ASSOCIATED WITH RENOVATION OF PIEMORIAL 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE PEKAREK GROUP, for architectural services associated with renovation of Memorial Park dated the 18th day of December 19 79 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 ////t~1 Emerson Hall, Director of Parks and Recreation Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of December , 19 79 , by AYES: Councilmen NAYES: Councilmen ABSENT: Councilmen Scott, Gillow, Cox, Hyde, McCandliss None None Mayor of the City of Chula Vista ATTES% City erl STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I ~ JENNIE M. FIJLASZ , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk FIRST AP~IEP7DP4ENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE PEKAREK GROUP FOR ARCHITECTURAL SERVICES TO PREPARE A D4ASTER CONCEPTUAL PLAt7, WORKING DRAWINGS AND SPECIFICATIONS AND TO PROVIDE OTHER REQUIRED ARCHITECTURAL SERVICES ASSOCIP.TED 47ITH RENOVATION OF t^_EMORIAL PARK THIS AGREEMENT, made and entered into this 18thday of December , 1979, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY", and THE PEKAREK GROUP, hereinafter referred to as "ARCHITECT"; 69 I T T7 E S S E T H WHEREAS, the City requires professional services to assist in the planning and development of a master conceptual plan for the renovation of Memorial Park and to prepare working drawings and speci- fications for the eastern section of this project, and i4HEREAS, the employment of a registered California land- scape architect is necessary to prepare said conceptual plan and working drawings and specifications, and WHEREAS, The Pekarek Group can provide the necessary architectural services and is offering to contract with the City as 3n independent contractor to provide the required services. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1~ P.rchitect shall furnish professional services to the City of Chula Vista, as directed by the Director of Parks and Recreation under the general supervision of the City Dlanager, to assist in the development of a master plan for the renovation of Pdemoria~P~~d:,~,~_ ~y44- the preparation of working drawings and specifications fors he ea ern ' and northern boundaries of this project. The services f».rnished by said Architect shall include, but not be limited tc: A, Preparation of a master plan, construction documents and specifications for the north side of the park, including the feasibility and siting of a proposed ut9.l.ity building near Fourth Avenue Plan will inci- dentally .reflect the proposed improvements on the east e;~.d. of the park for presentation purposes; B Development. of preliminary cost estiinaie at master. pir7.i1 stage; C- Preparation of construction documents for the east. end of tha park, as generally reflected in a conceptual p ~.a:,x prepared icy the City, and including the renovation r_~'i:he e~.ierior of the taco stand building; r~, k~iak~ng.p'resentat..ons toy a:nd attending meetings wi_1-h, ,a,:.n~nitie::s and City bodies to on~ta.in approval, This i ~~,;ri;ion ~ .-1i.tnited i<~ ~5 consultant hov.rs? x; , i~3akin~~ .bid reviews anal construe.ion 1.i~spections to assist City personnelo This function is limited to 48 consultant hours; and F, D4aking "as built" corrections to construction documents. ~- 9~39A' -1- 2. The City agrees, in consideration of the services provided hereinabove by Architect, to compensate said Architect with a lump sum fee of $21,500. Payment to the Architect for pro- fessional services and expenses shall be made monthly, after receipt of billing by the Architect, setting forth a given percentage of the project services completed during the one month billing period. The total amount of compensation and expenses during the term of this agreement shall not exceed, in any event, the sum of Tvaenty- One Thousand, Five Hundred Dollars ($21,500.00). The City further agrees to provide the following information and services required for the project: A. Existing field conditions, including record drawings o£ the taco stand and topography and utilities for the entire master plan area; B. Incidental civil engineering services cahich may be required to determine field conditions, check and approve construction documents, and services required by law to be performed by a civil engineer. 3. Working drawings shall be done on City-supplied D-sized sheets of polyester drawing film. Final specifications and cost estimates shall be typed on bond paper. City will pro- vide necessary copies for checking such drawings and specifications as are preparedo 4. After approval by City of working drawings and speci- fications, Architect shall submit said drawings and specifications to the Parks and Recreation Department for approval. All original drawings and specifications shall become the property of City at the completion of each assigned task and may be used by City on any other project without payment of further compensation. 5. Architect shall indemnify and hold the City free and harmless of and from all. claims, demands, losses and liability, in- cluding legal fees, to the extent the same are the result of an error, omission or negligent act hereunder of Architect or any person employed by Architect. Architect further stipulates that he is and shall remain during the course and scope of this contract an inde- pendent contractor for all purposes, including, but not limited to, any tori: liability arising through injuries to the person or property of a th~.~;d person, 'withholding o:L fed.era]_ anr. sate income taxes; etc. 6. Remed_~_es of City In the evens-. (a) thai: Architects shall default in. the performance or fulfillment. of any covenant or condition herein contained on his part to be performed or fulfilled and shah, fai]_ to c:~.re s•ach default wi.thi.aa ten (10) days followina the service on him of a written notice from the City i'tanager speci- fying the default ox defaults cor?plained. of and i;he date on which his righia hereunder will be i.ermi.nated as hereinafter provided if such default o-r defau]ts is or_' are not cured, o.r (b) that Archi_tPCt shall fi.]_e a voluni.ary petition in bankruptcy, •~~ Cc) that Architect shall be adjudicated. a bankrup~>.:, o:r (d) t.hal: Architect shall: make a genexa.!, assignment.. for the benefit of aredi.tors; then- and ir.•. either or any o£ sa~.d events, City may, a'.. i.ts opt%on, without further notice or demand upon Architect immediately cancel anal terminate this agreement and terminate each, every and all of the rights of Architect and of any and all persons claiming by or through Architect under this Agreement. The rights and remedies -2- ! ~~~ of City as hereinabove set forth are cumulative only and shall in no way be deemed to limit any of the other provisions of this agreement or otherwise to deny to City any right or remedy at law or in equity which City may have or assert against Architect under any law in effect at the date hereof or which may hereafter be en- acted or become effective, it being the intent hereof that the rights and remedies of City, as hereinabove set forth, shall supple- ment or be in addition to or in aid of the other provisions of this agreement and of any right or remedy at law or in equity which City may have against said Architect. 7. Control and Administration of Agreement: Notices. Control and administration of this agreement is under the juris- diction of the City Manager of City as to City's interest herein and any communication to the terms or conditions or any changes thereto or any notice or notices provided for by this agreement or by law to be given or served upon City may be given or served by letter deposited in the United States mail, postage prepaid, and addressed to the Ciy flanager, attention of the Director of Parks and Recreation, P. 0. Box 1087, Chula Vista, California 92012. Any notice or notices provided for by this agreement or by law to be given or served upon Architect may be given or served by depositing in the United States mail, postage prepaid, a letter addressed to said Architect at his principal place of business or any other address which may hereafter be agreed upon by Architect and City, or may be personally served upon Architect or any person hereafter authorized by Architect to receive such notice. Any no=vice or notices given or served as provided herein shall be effectual and binding for all purposes upon the principals of the parties so served. 8. Architect shall not be paid for work incident to changes required by his errors, omissions or negligence in the working drawings and specifications. Architect further pledges to correct, at no additional cost, such errors, omissions or negli- gence as are present in any working drawings or specification. 9,~ Architect is and shall be an independent contractor and not an agent or an employee of Cityo Any provisions ip this agreement that may appear to give City the right to direct Architect as to the details of doing the work or to exercise a measure o£ control over the work mean that Architect shall follow the directions and standards of City as to end. results of the work only. 10., Architect shall. not assign this contract or subcen-- t:ract any of the work in whole or in part without City°s prior written consent. Architect shall not assign any monies due or to become due.h.ereunder without City's prior written consento A con- sent to one assignment shall not be deemed to be consent to any subsequent assignment. In no event shall any contractural relation be created .~~y Architect between any third party and Architect pur- porting to ac't on behalf of City 11, .Architect expressly warrants to City that the work is based up„s~ his expertise and has been done in accordance with +,p:.od profes.~i.o~nal pxactic=, -3- ~1 ~~~ 12. City may, at its option, elect to terminate the agreement at any time by giving thirty (30) days' written notice of intention to terminate to Architect. In the event City elects to terminate, City shall pay Architect the reasonable value of the work performed, but not to exceed payments as specified in Para- graph 2 above. 13. If unusual delays occur in complying with project schedules, City may, at its option, suspend performance of further services by Architect for a reasonable period of time by giving written notice of such suspension to Architect, after which City may require compliance by Architect with all terms and conditions of this agreement. In the event of such suspension, City shall pay Architect the reasonable value of the work performed up to the date of the suspension, but not to exceed payments as specified in Paragraph 2 above. 1.4. Acceptance of payment by Architect under Paragraph 13 above shall discharge all of City's obligations and liabilities under this agreement. 15. City shall furnish Architect with data on proposed improvements and existing site conditions. IN WITNESS WHEREOF, the parties hereto have caused this agreement. to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA ATTE I~~.a Vista City At..`.n~xiey -- ____-~----'----' -' THE PEKARAK GROUP ~~ By ~ ~CX~I ~~ ~ ~ p ~.a-roc {2.~ ~~. Approved as to form by