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HomeMy WebLinkAboutReso 1988-13790 RESOLUTION NO. 13790 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BSI CONSULTANTS, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF A MASTER PLAN FOR EUCALYPTUS 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 by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and BSI CONSULTANTS, INC. for landscape architectural services for the development of a master plan for Eucalyptus Park dated the 27 ~ay of September , 1988 , 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. Mollinedo, Director D. ~ichard Rudol Assistant of Parks and Recreation City Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C A VISTA, CALIFORNIA, this 27 dOy of SeptemJ~er 19 RR , by the following vote, to-wit: AYES: Counc~]n~mbers Nader, Malcolm, Moore, McCandliss NAYES: Counc~]members NnnF, ABSTAIN: Councilmembers None ABSENT: Counci ]membePs Mayor Cox Moyor of the C~y of Chulo Visto S: Z OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio, DO HEREBY CERTIFY thor the above ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13790 ,ond thor the some has not been omendedor repealed DATED (seal) CC-660 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND BSI CONSULTANTS, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF A MASTER PLAN FOR EUCALYPTUS PARK THIS AGREEMENT, made and entered into this 27th day of September 1988, by and between the City Council of the City of Chula Vista, a municipal corporation, hereinafter referred to as "City" and BSI Consultants, Inc., a consultant for public agencies, hereinafter referred to as "Consultant"; WITNESSETH WHEREAS, the City is desirous of using the services of a landscape architect to prepare a master plan for Eucalyptus Park; and WHEREAS, several firms submitted proposal s for the master pl an project; and WHEREAS, three firms were interviewed for this park project and the Consultant was selected; and WHEREAS, the Consultant is qualified to render professional landscape architectural services to the 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 development of a master plan, which may include the design, re-design or relocation of the following park features: a. Softball/soccer fields b. Archery Range c. Planted areas, including turf, shrubs, plants and trees d. Signage e. Children's play areas/play equipment f. Fixtures, including trash receptacles, tables, benches, and barbecues g. Picnic shelters/areas h. Irrigation system i. Parking Lots j. Drainage channel improvements k. Security lighting/ballfield lighting 1. Wal kways/paths m. Service road n. Tennis Courts o. YMCA Building p. American Legion Hall q. Recreation Community Center r. Park Maintenance Buildings s. Restrooms t. Concession Stands 2. Term. The term of this agreement shall be for the period from ~mber 27, 1988 to April 30, 1989, unless terminated or extended. 3. Services. Consultant agrees to perform the services listed in Attachment A, attached hereto and incorporated herein, as though fully set forth, in accordance with City of Chula Vista standards/requirements. a. The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all reports and other services furnished by the Consultant under this agreement, except that the Consultant 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 Consultant. e. Consultant shall participate in conferences with City staff for the development of all drawings and plans. 4. Fees. For the services listed herein, the City agrees to pay Consultant the fees listed in Attachment A, Sections 1-4, a lump sum amount of $30,721 excluding reimbursable expenses and additional services. Fees will be charged on a lump sum basis and will be billed monthly proportionate to the work completed for each phase listed in Attachment A. The net amount shall be due within 30 days from the date of receipt of the invoice to the City. These fees are based on the provision of said services by Richard A. Fisher as Project Manager/Landscape Architect and Ronald E. Wylie of Design Haus as Architectural Consultant to BSI. Performance of services by anyone other than those named, except for performance of routine subcontract work, must be authorized in writing by the City prior to performance. 5. Reimbursable Expenses. The following shall be considered reimbursables expenses, payable by the City upon approval by the Director of Parks and Recreation or his designated representative to the Consultant, for an amount not to exceed $1,250. Reimbursables include blueprinting, mounting of presentation graphics, photocopying, film, slides, film processing, special presentation materials and printing of master plan report. 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. Consultant shall submit a written fee -2- estimate for the additional work for review and approval by the City's designated representative prior to such work being performed. The City's designated representative may approve such additional work, or changes in the scope of services, so long as the total additional cost thereof does not exceed $3,000. If the City accepts the Master Plan and is desirous of continuing with the Consultant's services, a separate agreement may be negotiated with the Consul tant for preparation of construction documents for the park improvements. 7. City's responsibilities. The City shall have the following responsibilities: a. The City shall provide at no cost to the Consultant the following documents, information and services, if available and if desired: 1) Available soils reports, drainage information, existing building uses. 2) Legal description, boundary map, location and description of benchmarks. 3) Maps and plans for lines of streets, pavements and adjoining properties, right of way, restrictions, easements, and other improvements, if any. 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 reports and master plan graphics in accordance with City policies and procedures. 7) As-built irrigation plans (main & laterals). 8) Assistance in obtaining data from public or private agencies, as necessary. b. Any changes in the Consultant's services caused by inaccurate plans, information, or services furnished by the City including belated staff comments not submitted to the Consultant with other staff comments after the initial reviews of reports and plans shall be paid for by the City as an additional service. Consultant shall be entitled to payment of the reasonable value of services rendered, as set forth in Attachment "A". -3- c. City shall be responsible for assuring that the Consultant has access to the project site for all services covered by this Agreement. d. City shall furnish required information and services, as stated in Section 7a, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultant's services. e. City shall furnish a project manager from City 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 the City whether the project is executed or not. Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications. 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 Consultant'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. b. Consultant designates Richard A. Fisher of BSI Consultants, Inc., as the representative under this contract and all notices sent to Consultant shall be addressed to the above designated representative at 1415 East 17th Street, Santa Ana, CA 92701. 10. 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 a9reement throu9h 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 consul tation with the terminating party prior to termination. -4- b. If termination under (a) is effected by the City, the Consultant shall be entitled to payment of the reasonable value of services rendered and expenses incurred prior to the termination. c. If termination under (a) is effected by Consultant, the Consultant 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 Consultant 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 Consultant 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 Consultant provided in this clause are in addition to any other rights and remedies provided by law or under this agreement. ll. Assignment. Neither this agreement nor any duties or obligations hereunder shall be assignable by the Consultant without prior written consent of the City. In the event of an assignment by the Consultant 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 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 Consultant. -5- 15. Indemnity. The Consultant agrees to indemnify and hold harmless the City, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorney's fees, arising from the negligent acts, errors or omissions of the Consultant associated with the project. 16. Liability Insurance. The Consul tant shall carry general liability insurance in the amount of $1,000,000, and Errors and Omissions Insurance in the amount of $250,000 throughout the duration of the Agreement. Evidence of coverage is to be provided by the Consultant in the form of certificate of insurance and policy endorsement. The general liability insurance policy shall provide 30 days written notice to the City of cancellation or material change and the Errors and Omissions insurance policy shall provide 30 days written notice to the City of cancellation. In addition, the Consultant shall, within 60 days of payment of a judgment against it, insured by said Errors and Omissions policy, reinstate the original amount of Errors and Omissions insurance in order to protect the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY COUNCIL LANDSCAPE ARCHITECT: THE CITY OF CHULA VISTA BSI CONSULTANTS, INC. · d~-~ &- ~'~'~ , pro temDore Mayor ident Landscape Architectural Division ATTEST ~./~-~-~,~) P~ App~oved as to fo~m b~: City C WPC 1037R -6- Attachment "A" EUCALYPTUS PARK CITY OF CHULA VISTA SCOPE OF SERVICES AND FEE SCHEDULE 1. ANALYSIS AND INVENTORY PHASE ........... $5,755 A. Review project scope and budget with City staff. B. Prepare new aerial topographic survey of the entire site with the following boundaries: "C" Street to the north, Fourth Avenue to the east, Casselman Street to the south and Fifth Avenue to the west, and surrounding streets including field verification of spot elevations, using city supplied boundary survey. All trees and surface improvements will be shown. Final topographic map will be screened on city D-sheet mylars at 1" - 20' scale. C. Prepare inventory of existing site and improvements to include the following areas of concern: Site Improvements and Buildings Irrigation Systems and Equipment Existing Planting and Turf Areas Lighting Fixtures and Electrical Services Parking Utilities and Storm Drainage Facilities Their present condition/function will be included in the Master Plan Report. The findings of this research will be used as the basis of the site analysis. Agricultural soils testing and analysis of problem areas is included. As a part of this task, park maintenance and administration staff will be interviewed for input. D. Review locations of all park buildings, including restrooms, park maintenance, American Legion, YMCA, for aesthetics and effectiveness. E. Review exteriors and interiors of park maintenance buildings, restrooms for aesthetics and maintenance. Recommendations for modifications/improvements and/or demolition will be included in the Master Plan text. F. Make recommendations on the need for modification to existing facilities and/or new facilities as a part of the Master Plan text. G. Address erosion problems on existing slopes and make recommendations for control. H. Prepare an analysis of the physical conditions, current layout, external influences, and functional relationships within the park and with adjacent development, as gathered from the site inventory. Display the findings in an Opportunities and Constraints Graphic Exhibit to be used for presentation at the initial community meeting. This exhibit will be colored and mounted. A written description of the key findings will be included in the Master Plan text. I. This phase shall be completed by November 22, 1988. 2. DESIGN PHASE ................ $19,908 A. Study the feasibility of combining a recreation center with the American Legion and using the YMCA building as a park maintenance building. B. Study the feasibility of overlaying soccer fields on the softball fields; adding tennis courts to make a tennis center; covering the drainage channel to increase parking area. C. Prepare architectural renderings, including site plans, floor plans, exterior elevations, and materials boards for any building proposed to be renovated or built, including a new recreation center and American Legion Hall. D. Prepare design sketches in tissue overlay format for overall landscape architectural layout for the park based on results of the site inventory, site analysis, and input received from meetings with the community, city staff, and special interest groups. These sketches are for review by Parks and Recreation Department staff only. E. Prepare two Preliminary Concept Plan Exhibits for the overall park, incorporating suggestions from staff and the community. These exhibits will be mounted for presentation purposes. F. Prepare one Final Master Plan Exhibit for the overall park. This will be a refinement of the Preliminary Master Plan, incorporating input from the community, committees, and city staff. The exhibit will be colored and mounted for presentation. G. Prepare itemized preliminary cost analyses for the improvements proposed in the two preliminary master plans. H. This phase shall be completed by February 9, 1989. ~2- 3. MEETINGS/PRESENTATIONS ............ $2,498.00 A. Attend one (1) initial community workshop to present the results of the analysis and generate ideas. (Project Manager, Architect) B. Present two alternative Preliminary Master Plans at one (1) community meeting, one Parks and Recreation Commission meeting and one City Council meeting. (Project Manager and Architect) C. Present the Final Master Plan at one Parks and Recreation Commission meeting (which will also serve as the final community meeting), one Design Review Committee meeting, and one City Council meeting. (Project Manager and Architect) 4. MASTER PLAN REPORT .............. $3,000.00 A. Prepare Draft Master Plan Report text for presentation to the City Council along with the Final Master Plan. This report will cover results of the site inventory and site analysis; description of the Final Master Plan; preliminary cost analysis; record of public input and committee review; reduced versions of Opportunities and Constraints and Final Master Plan Exhibits; and include phasing recommendations. Draft Report will be in xeroxed format. Fifteen (15) copies will be provided. B. After approval of the Final Master Plan and Draft Master Plan Report by the City Council, the Final Master Plan Report will be prepared. These services will include one-time revisions to text and paste-up time for camera-ready pages. Final report will be in black and white high quality format. Fifteen (15) copies will be provided. C. This phase shall be completed by April 14, 1989. 5. ADDITIONAL SERVICES ............ $3,000.00 A. Attend additional public meetings, as needed, on an hourly basis, per Attachment "B", Schedule of Hourly Rates. B. Provide additional design services, not included in the project scope as needed, on an hourly basis, per Attachment "B", Schedule of Hourly Rates. WPC 1038R -2- Attachment "B" SCHEDULE OF HOURLY RATES Project Manager $82/hour Associate Landscape Architect $65/hour Registered Architect $82/hour Assistant Landscape Architect $58/hour Draftsperson $46/hour