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HomeMy WebLinkAboutReso 1976-8395RESOLUTION NO. 8395 RESOLUTION OF THE" CITY COUNCIL OF--~i'i3E"-CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RONALD E, PEKAREK, R,L.A. FOR ARCHITECTURAL SERVICES FOR PRELIMINARY PLANS OF THE HORTICULTURAL GARDEN PROJECT AT SOUTHWESTERN COLLEGE 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 RONALD E. PEKAREK, R.L.A., for architectural services for preliminary plans of the Horticultural Garden Project at Southwestern College dated the 2nd day of November 19 76 , 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 Emerson Hall, Director of Parks & Recreation Approved as to form by George D. Lindberg, City Att rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of November ~ lg 76 by AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton NAYES: Councilmen ABSENT: Councilmen None None "? Mayor of the City of Chula Vista 1 ATTEST ~ f ~ 1 _ ~ ,,,1 ~. City Clerk ,` STATE OF CALIFORNIA) COUN`T'Y OF SAN DIEGO) ss . CITY OF CHULA VISTA) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Clerk AGREEMENT FOR ARCHITECTURAL SERVICES FOR PRELIMINARY PLAIQS OF THE HORTICULTURAL GARDEN PROJECT AT SOUTHWESTERN COLLEGE THIS AGREEMENT, made and entered into this 2nd day of November, 1976, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and RONALD E. PEKAREK, R.L.A., 322 Kalmia Street, San Diego, California 92101, hereinafter referred to as "Architect"; W I T N E S S E T H WHEREAS, the City requires professional services to assist in the planning and development of preliminary plans for the Horti- cultural Garden Project at Southwestern College, and WHEREAS, the employment of an RLA architect is necessary to prepare said preliminary plans for the Horticultural Garden Project at Southwestern College, and WHEREAS, Mr. Ronald E. Pekarek is an RLA architect offering to contract with the City of Chula Vista as an independent contractor to provide preliminary plans for the Horticultural Garden Project at Southwestern College. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Architect shall furnish professional services to the City of Chula Vista as directed by the Director of Parks and Rec- reation, under the general supervision of the City Manager of the City, to assist in the development of preliminary plans for the Horticultural Garden Project at Southwestern College in consideration of the. City's application of funds under the Local Public Works Capi- tal Development and Investment Program. The services furnished by said Architect shall include, but not be limited to: A. Preparation of preliminary project plans, specifi- cations and cost estimates; B. Preparation of complete working drawings, specifi- cations and final cost estimates; C. Such other services as may be agreed upon by City and within the professional capabilities of the Architect. 2. .The City agrees, in consideration of the services provided herein above by Architect, to compensate said Architect at the following rates: A. For personnel on his staff and other consultants working as directed on City projects at the following listed rates: (1) Principal Landscape Architect $ 25.00/hour (2) Principal Engineer in Electrical, Mechanical and Structural Fields $ 25.00/hour (3) Registered Landscape Architect $ 25.00/hour (4) Assistant Landscape Architect. $ 15.00/hour (5) Secretarial $ 10.00/hour (6) Soil Testing & Engineering At cost (7) Topographic & Survey At cost i _ All of the foregoing hourly rates shall be prorated to the nearest tenth (10th) of an hour for purposes of billing. B. For non-salary expenses, the actual expenses for such items to Architect; provided, however, that such items shall be approved, in writing, in advance by the City based upon the cost estimates supplied by Architect. C. The total amount of compensation and reimbursable expenses during the term of this agreement shall not exceed, in any event, the sum of ELEVEN THOUSAND TWO HUNDRED DOLLARS ($11,200.00). D. Payment to Architect for professional services and reimbursable expenses incurred shall be made monthly after receipt of an itemized billing by Architect, setting forth the services rendered, the professional rendering said services, and the hours to the nearest 10th rendered in the individual capacities. All reimbursable expenses shall be set forth in an itemized billing. E. Architect's records of the time spent in fulfilling the provisions of this agreement by his personnel or consultants employed by Architect to fulfill the provisions of this agreement, as well as items of reimbursable expenses, shall be made available for examination by City personnel within a reasonable time follow- ing a request to examine said records. 3. Working drawings shall be done on City-supplied D--sized sheets of polyester dravaing film. Final specifications and cost estimates shall be typed on bond paper. City will pro- vide necessary copies for checking such drawings and specifications as are prepared. 4, After approval by City of working drawings and speci- fications, 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 without payment of further compensation. 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 shall remain during the course and scope of this contract an independent 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 speci- fying 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 not 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 Architect, immediately cancel and terminate this - 2 - agreement and terminate each, every and all of the rights of Archi- tect and of any and all persons claiming by or through Architect under this agreement. The rights and remedies of City as herein- above set forth are cumulative only and shall in no wise 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 herein above 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. Control and Administration of Agreement: Notices. Control and administration of this agreement is under the jurisdiction of the City P~anager of City as to City's interest herein and any communication to the terms or conditions or any changes thereto or any notice or notices provided for by this agreement or by law to be given or served upon City may be given or served by letter deposited in the United States mail, postage prepaid, and addressed to the City Manager, attention of the Director of Parks and Recreation, P. O. Box 1087, Chula Vista, California 92012. Any notice or notices provided for by this agreement or by law to be given or served upon Architect may be given or served by depositing in the United States mail, postage prepaid, a letter addressed to said Architect at his principal place of business or any other address which may hereafter be agreed upon by Architect and City, or may be personally served upon Architect or any person hereafter authorized by Architect to receive such notice. Any notice or notices given or served as pro- vided herein shall be effectual and binding for all purposes upon the principals of the parties so served. 8. Architect shall not be paid for work incident to changes required by his errors, omissions or negligence in the work- ing drawings and specifications. Architect further pledges to cor- rect, at no additional cost, such errors, omissions or negligence as are present in any working drawing or specification. 9. Architect is and shall be an independent contractor and not an agent or an employee of City. Any provisions in this agreement that may appear to give City the right to direct Architect as to the details of doing the work or to exercise a measure of control over the work mean that Architect shall follow the directions and standards of City as to end results of the work only. 10. Architect shall not assign this contract or subcon- tract 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 without 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 contractual relation be created by Architect between any third party and Architect pur- porting to act on behalf of 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. - 3 - 12. Architect shall submit an estimate of his costs for each individual project and shall receive written City approval before starting work, After reviewing the cost estimate, City re- serves the right to reject the proposal from Architect. 13. City may, at its option, elect to terminate the agree- ment at any time by giving thirty (30) days' written notice of intention 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 2 above. 14. If unusual delays occur in complying with project schedules, City may, at its option, suspend performance of further services 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 agreement. In the event of such suspension, City shall pay Architect the reasonable value of the work performed up to the date of the suspension, but not to exceed payments as specified in Paragraph 2 above. 15. Acceptance of payment by Architect under Paragraph 14 above shall discharge all of City's obligations and liabilities under this agreement. 16. City shall furnish Architect with data on proposed improvements and existing site conditions. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CI'~Y OF CHULA VISTA ,/, `~ E. PEKA , A r ~~~ ~% 1 r,C~,`~' - ~ ' " ~~~~ Mayor o he City of Chula~=~7ista By: ATTEST _C.~J ~` ~ ~ City Clerk Approved as to form by City Attorney