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HomeMy WebLinkAboutReso 1989-15167 RESOLUTION NO. 15167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MAAC PROJECT FOR GROUNDS MAINTENANCE AT LAUDERBACH 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 MAAC PROJECT for grounds maintenance at Lauderbach Park dated the llth day of 3uly , 1989, 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 s to form by Manuel A. Mollinedo, Director , orney of Parks and Recreation 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,.,,OLA VISTA, CALIFORNIA, this llth dl:ly Of July 19 89 , by the following vote, to-wit: AYES: Councilmembers Nader, Cox, Malcolm, Moore, McCandliss NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci lmernbers None ~oy~; o~/the City of/Chu,o Vis,o ATTEST~ Cler~ ~ rE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 15]_67 ,and that the some has not been amended or repealed DATED '~""~" City Clerk cc-sso AGREEMENT THIS AGREEMENT, made and entered intothis 11th day of July, 1989 thts//~ by and between the City of Chula Vista, a Charter City, fornta: berethalter called the "City" and MAAC Project, hereinafter called the "Contractor"; MITNESSETH: 14HEREAS, the Contractor declares that he has carefully examined the specifications for "LANDSCAPE MAINTENANCE OF LAUDERBACH PARK" (Exhibit "A"), and that he has examined the location of the proposed work; I~HEREAS. the Contractor hereby proposes tO furnish all labor and do all work required to cempleta the said work in accordance with said specifications for the lump su~ of $18,246. t~HEREAS, the Contractor and CIty agree that the Contractor shall operate as an independent contractor tn carrying out the terms of this agreement. 14HEREAS, Contractor agrees to Indemnity and hold harmless the City of Chul a Vtsta agatnst and from any and all damages to property or injuries to or death of any person or persons, Including employees or agents of the CIty, and shall defend, indemnify and hold harmless the Clty,'tts officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or Intentional acts, errors or om~ ssions of the Contractor or any of its officers, agents, or employees. 14HEREAS, Contractor shall, throughout the duration of this Agreement mathrain comprehensive general liability and property damage insurance covering all operations hereunder of Contractor, its agents and employees Including but not limited to premtses and automobile, with minimum coverage of Five Hundred Thousand Dollars ($500,000,00) combined single limits. Evidence of such coverage, tn the form of a Certificate of Insurance and Poltcy Endorsement which names the CIty as Additional Insured, shall be submitted to the Ctty Clerk at 276 Fourth Avenue. Said policy or poltdes shall provide thirty (30) day written notice to the C~ty Clerk of U~e City of Chula Vista of cancellation or material rhange. 14HEREAS, Contractor. shall also carry Worker's Compensation Insurance in the statutory amount and cmployer's LIability coverage tn the amount of $500,000; evidence of which ls to be furnished to CIty tn the form of Certificate of Insurance. ,NHE:REAS, tn the event of any dispute between the parttes, the p~vatltng party shall mover lts attorney fees, and any costs and expenses tncurred by reason of such dtSpute, .,:,~:~ XN I~XT~SS 14HER~:OF, ~e parths hereto have executed thts Agreement ,, the day and year first above written, :' By: · "_. ." . .... By: ', "" ..... ;'*' "' try Clerk * '-. . ~d>PROVED AS TO FOPJa, BY: ~,/ Ct rney ~C 0796P, ,. _ .· , .~,>.,T,~.!.~ ..l ': EXHIBIT "A" CITY OF CHULA VISTA. CA ' ~,-.~:, C~ "SPECIFICATIONS Furnish landscape maintenance of Lauderbach Park at 333 Oxford Avenue. Chula ~S" '= Vista under supervision of Parks Superintendent of City of Chula Vista for the period July l. 1989. to June 30. 1990. It ts estimated that approximately ...,;i $l.520.50/month will be required for the Lauderbach Park park maintenance !:! contract.., ~., ~:~ '~T ' "'~"~' '~' ' ~' ~' :'''?'' t,,, ,, ,.~ >-', GENERAL REQUIREMENTS 1, ~11 sh~bbe~' and'T~OGnd'? oVeP~'shall be proper~y ffr~gated, p~ned and · shaped continuously %o produce the best possible effect and growth condiUons, 2, Shrubbery and ground cover beds and planter boxes shall be fertilized a co~erctal ferttltzeP of no less quality than 16-6-8 eve~ three mnths, All turf grass shall be fertilized by the Contractor eve~ three months. City wtll provide materials. 3.Kll shrubs; ground ~vers and turfs shaql be ~nspected and reported to the Park Superintendent or his representative. · 4. S(d~alks'fronUng all planter are to be sweet or vacuumed dean of debris or hazardous mateNals fallen from adjacent trees each day~ excludfnff - . holidays. Saturda~ and Sunday...~/.;, ,' ../._.--~,;-, 5. Std~alks;' street ~urnttute'and otheP landscaping features are to be kept neat and clean. - : 6. All benches are tO be kep~ ~n good tepa~P and ~ell yaPribbed. ~enches :,, require a constant' v~gll to matnta~n a bright aDpe~rance. C~ty w111 provf de matart al s.:/t~ . ~,:~.:~, 7. Da~ly ~nvesttgaUon of the playground equ1~'nt to ensure SAFE conditions. ,., 8. Throughout the contract the contractor wtll keep the City 1rifemad ~diately on any acts of vandalism ~n the park. REPLACEMENTS 1, Any plan~ mater(a1 damaged by othe~s or adverse cond~Uons shall be , ~eplan~ed,, ," 2, R~o'val of exhUng plan~s and planUnq of a new vaPtety of shrub oP : ' ground cover may be requested during the contract period. The City will , furnish the nursery stock aria materials requi~ed. Specifications (continued) ; ;, ..4 · ...... ' ; .....:,.~.. ~., , :. '.;.'~ .. ; . IRRIGATION use nd/o automated sys s,' ~,-;~'. ~efeavatlabla' mdropefabl~ "however, C failure'of ~he ex~st~n9 Ifftga~ton ' .~.~ system ~o~. pfovlde.~fu11 .;,~=and .. proper. coverage shall no~ felhve ~he . ... ;~.". con~fac~o~.'of..~hls f~sponstbt1~y,, All areas no~ adequately covered by a ...:~ ~., ~ ;-. ;mnual and/of"~au~o~ed spNnklef system shall be tfftga~ed by a portable ;~' )~.' .~.'~fft~a~ton ~ me~hod,'~'.The .. Contractor. shall fufntsh all hoses, nozzles, '. "~,"; ~' ' spf~nklefs,"e~,',~necess~fy. ~ acco~11sh ~hts supplementa~ tfft~a~ton, "'."..'., , '~-Cafe shall. be exe~tsed .~o'pfeven~ a waste of wa~ef, erosion, and/of ~" . . detrimental. seepage ~n~o eXls~ln~ underground Improvements of s~fuc~ufes, , :e sprinkler e ~o. mallunction of ~he tfft~a~ton system shall be Con~factof,'.u~tllzfn~.~he saff %7~e, stze and :~ton ptpe and ft~t~n~s as ~ha oft~tnal ~ns~alla~on, ~ no ~t~ '~' ~tll systems be shu~ do~ fo~ extended peftods= fepaffs are ~o be made as ' ~'.~'dtscovefe~ o~fepof~ed, C~y,tll fufntsh ~a~ftals fequtfed for ~he" WEED CONTROL n9 surface hall be spfaTed and o~he~se ~fea~ed wt~h ~eed killer for weed control, ~ ~ '~. DEBRIS ~ ,1; n any area clippings, trfmtnQs and weeds ;~ {.~,(;~:be removed'and the area hft~n a neat:and attractive condition, : - 2,: :All other trash'~or nOt~ceabh 'debris shall be removed datly during the hot~, may temtnate contract,