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HomeMy WebLinkAboutReso 1977-8929Form No . 3 ~4 2 Rev 3j7~4 RESOLUTION NO. 8929 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VICTOR WULFF FOR ARCHITECTURAL DESIGN SERVICES FOR RENOVATION OF PARK WAY GYMNASIUM, APPROPRIATING FUNDS THEREFOR, 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 VICTOR WULFF, for architectural design services for renovation of Park Way Gymnasium dated the 6th day of December 1977 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 sum of $23.00 is hereby appro- priated from the unappropriated balance of the Park Acquisition and Development Fund and transferred to Account 617-6170-PRBGOI for the purpose set forth hereinabove. BE IT FURTF~ER 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 Emerson Hall, Director of Parks George D. Lindberg, City Attorney & Recreation ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF CF'ULA VISTA, CALIFORNIA, this 13th day of December , 19 77 , by the followinc, vote, to-wit: AYES : Councilmen Hobel, Cox, Hyde, Scott, Egdafil NAPES : Counc llmen None ABSENT: Councilmen None ! \ ~~ lvwvJ ' mayor of the City of Chu Vista AT'TES' ~' ~' City C er STATE OF CALIFORNIA) COUNTY OF SAN DIErO) ss. CITY OF CHULA VISTA.) I, _ City Clerk of the City of Chula Vista, California, DO fiEREBY CERTIFY that the above .is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 Cler f AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR RENOVATION OF PARK WAY GYMNASIUM THIS AGREEMENT, made and entered into this 6th day of December, 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and VICTOR WULFF, Architect, AIA & Associates, hereinafter referred to as "Architect"; W I T N E S S E T H WHEREAS, the City has heretofore entered into an agreement for Architect to provide architectural services for the new Park Way Neighborhood Recreation Center Building, and WHEREAS, in conjunction with the development of the new Recreation Center Building, the City desires to undertake the reno- vation of the Park Way Gymnasium by installing on such building a solar heating system, a new lighting system in the interior and a new roof for said structure, and WHEREAS, Architect agrees to undertake the design of such renovation features. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Architect shall furnish the design for the following renovation features of the Park Way Gymnasium and City agrees to pay the sums indicated for said completed design work: Solar Heating - Pool Water $ 4,700. Relighting Present Gymnasium $ 1,700 Gymnasium Roof Rehabilitation $ 500 2. The services to be furnished by Architect shall include, but not be limited to: A. Preparation of preliminary project plans, specifica- ~ tions and cost estimates; B. Preparation of complete working drawings, specifica- tions and final cost estimates; C. Such other services as may be agreed upon by the City and within the professional capabilities of the Architect. 3. Working drawings shall be done on City-supplied D-sized sheets of polyester drawing film. Final specifications and cost esti- mates shall be typed on bond paper, City will provide or pay for necessary blue-line print copies for checking such drawings and speci- fications as are prepared. 4. After approval by City of working drawings and specifi- cations, Architect shall submit said drawings and specifications to the Park 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 by payment of further compensation as agreed with originating architect. 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 - 1 - shall remain during the course and scope of this contract an indepen- dent contractor for all purposes, including, but not limited to, any tort liability arising through injuries to the person or property of a third person, withholding of federal and state income taxes, etc. 6. Remedies of City. In the event (a) that Architect shall default in the performance or fulfillment of any covenant or condition herein contained on his part to be performed or fulfilled and shall fail to cure such default within ten (10) days following the service on him of a written notice from the City Manager specifying the default or defaults complained of and the date on which his rights hereunder will be terminated as hereinafter provided if such default or defaults is or are nat cured., or (b) that Architect shall file a voluntary petition in bankruptcy, or (c) that Architect shall be adjudicated a bankrupt, or (d) that Architect shall make_a general assignment for the benefit of creditors, then and in either or any of said events, City may, at its option, without further notice or demand upon Archi- tect, immediately cancel and 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 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 enacted or become effective, it being the intent hereof that the rights and remedies of City, as hereinabove set forth, shall supplement 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. City may, at its option, elect to terminate the agree- ment at any time by giving thirty (30) days' written notice of in- tention 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 1 above. 8. If unusual delays occur in complying with project sche- dules, City may, at its option, suspend performance of further ser- vices 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 agree- ment. In the event of such suspension, City shall pay Architect the reasonable value of the work performed up to the date of the suspen- Sion, but not to exceed payments as specified in Paragraph 1 above. 9. Acceptance of payment by Architect under Paragraph 8 above shall discharge all of City's obligations and liabilities under this agreement. 10. City shall furnish Architect with data on proposed im- provements and existing site conditions. IN WITNESS WIiEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth, THE CITY OF CHULA VISTA VICTOR WULFF, ARCHITECT, AIA & ASSOCIATES Jr,~ /' • Mayor o the City of Ch Vista ATTEST ,, City Clerk Approved as f rm by / / City~ttorney