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HomeMy WebLinkAboutReso 1978-9431. Form No ~ 3 4 ~ Rev. 2/76 RESOLUTION N0. 9431 RESOLUTION OF THE CI'~Y COUNCIL OF~~fi~iE" CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DENNIS W. C~ILLESPIE, A.S.L.A. AND ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS FOR FEASTER SCHOOL PARK ~' AND AUTHORIZING THE N~AYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby res lve as follows: NOW, THEREFORE, BE I RESOLVED that that certain agrQement bet en THE CITY OF CHULA VIST~, a municipal corporation, and DEN IS W. GILLESPIE, A.S.L.A. .AND ASSOCIATES, INC. to prepare plans and specifications for Feaster'~,School Park dat d the 19th day of Dec er 19 78 a copy of whi h is attached hereto and i corporated herein, the same as though ful y set forth herein be, and'~~the same is hereby approved. BE IT FURTHER RESOLV D that the sum of $5,500 is hereby aut orized to be expended from~Account No. 632-6320-BG50 for the pur ose set forth hereinabove. BE IT FURTHER RESOLV~D that the Mayor of the City of Chula Vis a be, and he is hereby aut$~orized and directed to execute said agr ement for and on behalf of!the City of Chula Vista. Pre$ented by Eme~son Hall, Director of Par s and Recreation ADOPTED AND APPROVE'. VIS A, CALIFORNIA, this 19th ~ th following vote, to-wi~- AYE Councilmen Egdahl,_: NAYS: Councilmen AB5 NT: Councilmen Cox Approved as to .form by George D. Lindberg, City Attorney by the CITY COUNCIL of the CITY OF CHULA y of December 19 78 by Gillow, Scott ~ ~~ Mayor of the City of Chula Vista ,. ,/ ATT ~'T lr~ / 4 /l c e'. ~./ -1--~-t. C ~i . ~ ,.. ~',' City Clerk ST E OF CALIFORNIA) li COU ~I'Y OF SAN DIEGO) ss . ', CIT OF CHULA VISTA) ' I~ City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, tr e and correct copy of Resolution No. and that the same has no been amended or repealed. DATED City Clerk AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES TO PREPARE LANDSCAPE PLANS FOR FEASTER SCHOOL PARK THIS AGREEMENT, male and entered into this, 19th day of December , 1978, b~ and between THE CITY OF CHULA VISTA, municipal corporation, hereinafter referred to as "City" and ~NNIS W. GILLESPIE, 1930 Furst Avenue, San Diego, California, .101, hereinafter referred {to as "Landscape Architect"; W I TIN E S S E T H WHEREAS, the City requires professional services to assist ~ the planning and developm'~ent of plans for the Feaster School irk, and a D 9 P WHEREAS, the emplo ment of an A.S.L.A. architect is n cessary to prepare said plans for the park, and WHEREAS, Mr. Dennis W. Gillespie is a landscape architect o fering to contract with th~ City of Chula Vista as an independent c ntractor to provide plans'~and specifications for the Feaster S hool Park. NOW, THEREFORE, I'l~i IS MUTUALLY AGREED by and between the p rttes hereto as follows: i, 1. Landscape Archjitect shall furnish professional ser- v'ces to the City of Chula VCista as directed by the Director of P rks and Recreation, under ,the general supervision of the City nager of the City, to assi;'st in the development of plans for e Feaster School Park. Thle services furnished by said Architect s all include, but not be lillmited to: A. Preparation o~ preliminary project plans, specifica- ions and cost estimates; B. Preparation o$ complete working drawings, specifica- ions and final cost estimates; C. Such other services as may be agreed upon by City nd within the professional !,cap abilities of the Landscape rchitect. 2. The City agrees, in consideration of the services rovided hereinabove by ArcY~itect, to compensate said Architect t the following rates: A. For personnel~l,on his staff and other consultants orking as directed on Cityprojects at the following listed ourly rates: (1) Principa~. Architect $35.00 (2) Design Architect $28.00 (3) Draftsma~h $22.00 (4) Secretarial $12.00 -1- y~l All of the foregoing hourly rates shall be prorated to the rest tenth (10th) of an hpur for purposes of billing. nE B. For non-salary, expenses, the actual expenses for such i ems to Architect; provided'„ however, that such items shall be a proved, in writing, in advj~nce by the City based upon the cost e timates supplied by Archit~ct. C. The total amou~t of compensation and reimbursable e penses during the term of this agreement shall not exceed, in any e ent, the sum of $5,500.00.'', D. Payment to Arclitect for professional services and r imbursable expenses incurred shall be made monthly after receipt o an itemized billling by A~'rchitect, setting forth the services r ndered, the professional rjendering said services, and the hours t the nearest tenth (10th) ~~,rendered in the individual capacities. A 1 reimbursable expenses shall be set forth in an itemized billing. E. Architect's records of the time spent in fulfilling t e provisions of this agreelment by his personnel or consultants e ployed by Architect to fu1,'fi11 the provisions of this agreement, a well as items of reimbur~'able expenses, shall be made available f r examination by City personnel within a reasonable time follow- i g a request to examine said records. 3. Working drawings shall be done on City-supplied sized sheets of polyester !drawing film. Final specifications d cost estimates shall be 'typed on bond paper. City will pro- ide necessary copies for checking such drawings and specifications s are prepared. 4. After approval. by City of working drawings and pecifications, Architect sY~all submit said drawings and speci- fications to the Parks and recreation Department for approval. 11 original drawings and specifications shall become the property f City at the completion o~ each assigned task and may be used y City on any other projeci~ without payment of further compensa- ion. 5. Architect sha~.1 indemnify and hold the City free and armless of and from all c1 ims, demands, losses and liability, in- luding legal fees, to the ~xtent the same are the result of an rror, omission or negligen~ act hereunder of Architect or any person mployed by Architect. Architect further stipulates that he is and hall remain during the course and scope of this contract an inde- endent contractor for all g~urposes, including, but not limited to, ny tort liability arising through injuries to the person or property ~f a third person, withhold.~ng of federal and state income taxes, tc. 6. Remedies of C~ty. In the event (a) that Architect ,hall default in the perfor#nance or fulfillment of any covenant or :ondition herein contained {~n his part to be performed or fulfilled find shall fail to cure such default within ten (10) days following ;he service on him of a written notice from the City Manager speci- `ying the default or defaults complained of and the date on which its rights hereunder will bie terminated as hereinafter provided if such default or defaults is or are not cured, or (b) that Architect shall file a voluntray peti';tion in bankruptcy, or (c) that Architect shall be adjudicated a bankrupt, or (d) that Architect shall make ~ general assignment for the benefit of creditors, then and in either or any of said events, City may, at its option, without _urther notice or demand upon Architect, immediately cancel and germinate this agreement and terminate each, every and all of the :fights of Architect and of any and all persons claiming by or through Architect under this Agreement. The rights and remedies -a~ 3I 0 a 0 r City as hereinabove set forth are cumulative only and shall in way be deemed to limit and of the other provisions of this reement or otherwise to defy to City any right or remedy at law in equity which City may have or assert against Architect under y law in effect at the date hereof or which may hereafter be en- ted or become effective, i~ being the intent hereof that the ghts and remedies of City,'as hereinabove set forth, shall supple- nt or be in addition to or in aid of the other provisions of this reement and of any right o~ remedy at law or in equity which City .y have against said Architect. 7. Control and Ad~inistration of Agreement: Notices. C ntrol and administration of this agreement is under the juris- d ction of the City Manager pf City as to City's interest herein a d any communication to the terms or conditions or any changes t ereto or any notice or notices provided for by this agreement or b law to be given or served', upon City may be given or served by 1 tter deposited in the United States mail, postage prepaid, and a dressed to the Ciy Manager',, attention of the Director of Parks a d Recreation, P. O. Box 10187, Chula Vista, California 92012. Any n tice or notices provided flor by this agreement or by law to be given or served upon Architect may be given or served by depositing i the United States mail, postage prepaid, a letter addressed to s id Architect at his principal place of business or any other a dress which may hereafter,be agreed upon by Architect and City, o may be personally served 'upon Architect or any person hereafter a thorized by Architect to deceive such notice. Any notice or tices given or served as provided herein shall be effectual and finding for all purposes upon the principals of the parties so erved. 8. Architect shad not be paid for work incident to hanges required by his errors, omissions or negligence in the orking drawings and specifications. Architect further pledges o correct, at no additional cost, such errors, omissions or negli- ence as are present in any working drawings or specification. 9. Architect is end shall be an independent contractor end not an agent or an emplpyee of City. Any provisions in this agreement that may appear tp give City the right to direct Architect is to the details of doing the work or to exercise a measure of :ontrol over the work mean ghat Architect shall follow the directions end standards of City as to end results of the work only. 10. Architect sha'il not assign this contract or subcon- ~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 hereunder withouit City's prior written consent. A con- sent to one assignment shall not be deemed to be consent to any subsequent assignment. In 'no event shall any contractural relation ~e created by Architect between any third party and Architect pur- porting to act on behalf o~ City. 11. Architect expressly warrants to City that the work is based upon his expertise and has been done in accordance with good professional practice, 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 ~o Architect. In the event City elects to terminate, City shall ply Architect the reasonable value of the work performed, but not to exceed payments as specified in Para- graph 2 above. -3- y31 13. If unusual del~ys occur in complying with project s hedules, City may, at its ption, suspend performance of further s rvices by Architect for a .seasonable period of time by giving w itten notice of such suspension to Architect, after which City m y require compliance by Architect with all terms and conditions o this agreement. In the event of such suspension, City shall p y Architect the reasonable value of the work performed up to the d to of the suspension, but pot to exceed payments as specified in P ragraph 2 above. ', 14. Acceptance of .,payment by Architect under Paragraph 1 above shall discharge all of City's obligations and liabilities u der this agreement. 15. City shall fu~lnish Architect with data on proposed i provements and existing si~~te conditions. IN WITNESS WHEREOF!, the parties hereto have caused this reement to be executed the day and year first hereinabove set f rth. ITY OF CHULA VISTA LANDSCAPE ARCHITECT ~~ t,, r ~~ ~, ~ ( , z .~~ 11212G~~ ~ . ~ i' ayor f the City of a ista 'Dennis W. Gillespie ~` 1 ; . TTE .~ . ~o' J ; c City Clerk ~` pproved as to form by i _ ~ -:: ,, ,, ty Attorney _~j y3J