HomeMy WebLinkAboutReso 1979-9649J ?~
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' Form No. 342
Rev. 9-71
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RESOLU'11ION N0. 9649
RESOLUTION OF THE CI Y COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGR EMENT BETWEEN THE CITY OF CHULA
VISTA AND THE PEKARE GROUP TO PROVIDE ARCHITECTURAL
SERVICES FOR THE REN ATION OF MEMORIAL PARK
AND AUTHORIZING THE N~AYOR TO EXECUTE SAID AGREEMENT
The City Council of
reso've as follows:
NOW, THEREFORE, BE I7
betty en THE CITY OF CHULA VISTA
The lekarek Group for architect
conc ptual plan, working drawir
othe required architectural sE
Memo ial Park
date the 26th day of Jur
whic is attached hereto and in
full set forth herein be, and
BE IT FURTHER RESOLVE
Vist be, and he is hereby auth
agre anent for and on behalf of
Pres~nted by
-~~-e-e
r;. ~ erson ball, lllrector or
Park and Recreation
ADOPTED AND APPROVED
VIST i,, CALIFORNIA, this 26th ~
the ollowing vote, to-wit:
AYESk Councilmen
NAYE$s Councilmen None
ABSEI}dT : Councilmen None
e City of Chula Vista does hereby
RESOLVED that that certain agreement
a municipal corporation, and
Ural services to prepare a master
~s and specifications and to provide
rvices associated with renovation of
1979 , a copy of
:orporated herein, the same as though
.he same is hereby approved.
that the Mayor of the City of Chula
ized and directed to execute said
e City of Chula Vista.
Approved as to form by
~'~~%i~ '
eorge in erg, i y orn
y the CITY COUNCIL of the CITY OF CHULA
y o f June 19 79 by
Gillow, Scott, Cox
1 ~~
'vwv)
Mayor of the City of ula Vista
ATT
Citv CZer
STAT OF CALIFORNIA )
COUN ~' OF SAN DIEGO ) ss .
CITY pF CHULA VISTA )
City Clerk of the City of
Chul Vista, California, DO HE BY CERTIFY that the above is a full, true
and orrect copy of Resolution ~Jo. and that the same has not
been amended or repealed. DATED
City Clerk
revised 6/21/79
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
PEKAREK GROUP FOR ARCHITECTURAL SERVICES TO PREPARE
A MASTER CONCEPTUAL PILAN, WORKING DRAWINGS AND
SPECIFICATIONS AND TGI PROVIDE. OTHER REQUIRED ARCHI-
TECTURAL SERVICES ASSiOCIATED WITH RENOVATION OF
MEMORIAL PARK
THIS AGREEMENT, made 'and entered into this 26thday of
Ju e , 1979, by a~d between the CITY OF CHULA VISTA, a
muni ipal corporation, hereina ter referred to as "CITY", and
THE EKAREK GROUP, hereinafter referred to as "ARCHITECT";
W I T N~ S S E T H
WHEREAS, the City requires professional services to assist
in e planning and development$ of a master conceptual plan for the
ren ation of Memorial Park anc~ to prepare working drawings and speci-
fic tions for the eastern section of this project, and
sca
dra
ar
as
pa
C i t'
and
dev
the
por
sha
WHEREAS, the employment of a registered California land-
s architect is necessary t~ prepare said conceptual plan and working
ings and specifications, ar~d
WHEREAS, The Pekarek~Group can provide the necessary
itectural services and is offering to contract with the City
n independent contractor t~ provide the required services.
NOW, THEREFORE, IT I$ MUTUALLY AGREED by and between the
ies hereto as follows:
i
1. Architect shall urnish professional services to the
of Chula Vista, as direct d by the Director of Parks and Recreation
r the general supervision of the City Manager, to assist in the
lopment of a master plan fir the renovation of Memorial Park and
preparation of working dra~ings and specifications for the eastern
ion of this project. The Services furnished by said Architect
1 include, but not be limi~ed to:
A. Preparation of a ma:.tt~r plan fo _ the nor.~h side of
the park, including the feasibility and sitin~~ of a pro-
posed utility building near Fourth Avenue. Pian will
incidentally reflectithe proposed improvements on the
east end of the parklfor presentation purposes;
B. Development of preliminary cost estimate at master
plan stage;
C. Preparation of construction documents for the east
end of the park, as generally reflected in a conceptual
plan prepared by theiCity, and including the renovation
of the exterior of t~e taco stand building;
D. Making presentations to, and attending meetings with,
committees and City odies to obtain approval. This
function is limited ~0 30 consultant hours;
E. Making bid reviews and construction inspections to
assist City personnei. This function is limited to 40
consultant hours; and
F. Making "as built" corrections to construction documents.
a~yq
2. The City agrees, in consideration of the services
pr vided hereinabove by Architect, to compensate said Architect
wi h a lump sum fee of $14,90p. Payment to the Architect for pro-
fe sional services and expens s shall be made monthly, after receipt
of billing by the Architect, ~etting forth a given percentage of
th project services complete' during the one month billing period.
Th total amount of compensation and expenses during the term of
th s agreement shall not exce d, in any event, the sum of Fourteen
Th utand Nine Hundred Dollars ($14 900).
any
The City further ag~ees to provide the following information
services required for the project:
A. Existing field onditions, including record drawings
of the taco stand aid topography and utilities for the
entire master plan area;
B. Incidental civi engineering services which may be
required to determi e field conditions, check and approve
construction docume ts, and services required by law to
be performed by a evil engineer;
C. Blueprinting, dj~plication and City
D-sized
and cost
v
3. Working drawing shall be done on
sheets of polyester d awing film. Final
estimates shall be t ped on bond paper.
necessary copies for the king such drawings
as~are prepared.
base sheets,
City-supplied
specifications
City will pro-
and specifications
4. After approval by City of working drawings and speci-
fi ations, Architect shall su mit said drawings and specifications
to the Parks and Recreation D partment for approval. All original
dr wings and specifications s all become the property of City at the
co pletion of each assigned t sk and may be used by City on any other
pr ject without payment of fu$~ther compensation.
5. Architect shall indemnify and hold the City free and
ha rnless of and from all claims, demands, losses and liability, in-
cl ding legal fees, to the ex ent the same are the result of an
er or, omission or negligent ct hereunder of Architect or any person
em loyed by Architect. Archi ect further stipulates that he is and
sh 11 remain during the cours and scope of this contract an inde-
pe dent contractor for all pu poses, including, but not limited to,
an tort liability arising th ough injuries to the person or property
of a third person, withholding of federal and state income taxes,
et
6. Remedies of Cit In the event (a) that Architect
sh 11 default in the performance or fulfillment of any covenant or
co dition herein contained onlihis part to be performed or fulfilled
an shall fail to cure such d fault within ten (10) days following
th service on him of a writt n notice from the City Manager speci-
fy ng the default or defaults complained of and the date on which
hi rights hereunder will be germinated as hereinafter provided if
su h default or defaults is o)r are not cured, or (b) that Architect
sh 11 file a voluntray petitipn in bankruptcy, or (c) that Architect
sh 11 be adjudicated a bankru t, or (d) that Architect shall make
a eneral assignment for the ~enefit of creditors, then and in
ei her or any of said events,~City may, at its option, without
fu ther notice or demand upon; Architect, immediately cancel and
to urinate this agreement and germinate each, every and all of the
ri hts of Architect and of anj~ and all persons claiming by or
th ough Architect under this Agreement. The rights and remedies
yea
_2_
of City as hereinabove set forth are cumulative only and shall in
no ay be deemed to limit any of the other provisions of this
ag eement or otherwise to deny to City any right or remedy at law
or in equity which City may h ve or assert against Architect under
an law in effect at the date hereof or which may hereafter be en-
ac ed or become effective, it ;being the intent hereof that the
ri hts and remedies of City, ~s hereinabove set forth, shall supple-
me t or be in addition to or in aid of the other provisions of this
ag eement and of any right or :remedy at law or in equity which City
ma have against said Architect.
7. Control and Administration of Agreement: Notices.
Co trol and administration of ;this agreement is under the juris-
di tion of the City Manager o~ City as to City's interest herein
an any communication to the erms or conditions or any changes
th reto or any notice or noti es provided for by this agreement or
by law to be given or served pon City may be given or served by
le ter deposited in the Unite States mail, postage prepaid, and
ad ressed to the Ciy Manager „attention of the Director of Parks
an Recreation, P. O. Box 108, Chula Vista, California 92012. Any
no ice or notices provided fob by this agreement or by law to be
gi en or served upon Architects may be given or served by depositing
in the United States mail, pottage prepaid, a letter addressed to
sa'd Architect at his princip~.l place of business or any other
ad ress which may hereafter b~ agreed upon by Architect and City,
or may be personally served upon Architect or any person hereafter
au horized by Architect to re eive such notice. Any notice or
no ices given or served as pr vided herein shall be effectual and
bi ding for all purposes upon ,the principals of the parties so
se ved.
8. Architect shall ;not be paid for work incident to
ch nges required by his error , omissions or negligence in the
wo king drawings and specific tions. Architect further pledges
to correct, at no additional ost, such errors, omissions or negli-
ge ce as are present in any w rking drawings or specification.
9. Architect is any
an not an agent or an employ
ag eement that may appear to
as to the details of doing the
co trol over the work mean th,
an standards of City as to e:
shall be an independent contractor
e of City. Any provisions in this
ive City the right to direct Architect
work or to exercise a measure of
t Architect shall follow the directions
r~d results of the work only.
10. Architect shall
tr ct any of the work in whol
written consent. Architect s
be ome due hereunder without
se t to one assignment shall
su sequent assignment. In no
be created by Architect betwe
po ting to act on behalf of C
not assign this contract or subcon-
or in part without City's prior
all not assign any monies due or to
ity's prior written consent. A con-
ot be deemed to be consent to any
event shall any contractural relation
n any third party and Architect pur-
ty.
11. Architect expre sly warrants to City that the work
is based upon his expertise a d has been done in accordance with
go d professional practice.
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12. City may, at its option, elect to terminate the
ag ement at any time by giving thirty (30) days' written notice
of 'retention to terminate to Architect. In the event City elects
to terminate, City shall pay P~rchitect the reasonable value of the
wo performed, but not to exceed payments as specified in Para-
gr h 2 above.
13. If unusual delays occur in complying with project
sc edules, City may, at its o tion, suspend performance of further
se .ices by Architect for a reasonable period of time by giving
written notice of such suspension to Architect, after which City
ma require compliance by Arc itect with all terms and conditions
of this agreement. In the ev~nt of such suspension, City shall
pa Architect the reasonable ~alue of the work performed up to the
da e of the suspension, but nc-t to exceed payments as specified in
Pa agraph 2 above.
14. Acceptance of payment by Architect under Paragraph
13 above shall discharge all cDf City's obligations and liabilities
un er this agreement.
15. City shall furnish Architect with data on proposed
im rovements and existing sits conditions.
IN WITNESS WHEREOF,!the parties hereto have caused this
ag eement to be executed the ~ay and year first hereinabove set
fo th.
CI X OF CHULA VISTA THE PEKARAK GROUP
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Ma or o~the City of hu a Vita By:
A
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er
ved as to form by !
9
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y Attorney
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