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Home My WebLink AboutCC RESO 15,957RESOLUTION NO. 15,957 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH LAND STUDIO FOR LANDSCAPE ARCHITECT SERVICES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execte an agreement with Land Studio for Landscape Architect Services for the Sweetwater River Bicycle Path. A copy of said agreement is attached hereto as Exhibit "A". PASSED and ADOPTED this 16th day of May, 1989. ATTEST: CIAAAJJs LORI ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: ait ddllk14711 WATERS, MAYOR GEORGE H. EISER, III -CITY ATTORNEY LAND STUDIO STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT a' This Agreement is entered into this 6th day of April , 19 89 , by and between THE CITY OF NATIONAL CITYL Planning (NAME OF CLIENT) Department= 1243 National City Blvd.L National Cityi CA 92050-4397 (ADDRESS OF CLIENT) (herein called the "Client"), and LAND STUDIO, A CALIFORNIA CORPORATION (herein called the "Landscape Architect") of San Diego, California. ARTICLE 1: PROJECT INFORMATION The Client does hereby employ the Landscape Architect to render professional services for the landscape design and improvement of approximately 250 to 1,000 linear feet of bikeway and link between the I-54/Sweetwater Flood Control Channel Bike Corridor and Plaza Bonita Road (the "Property") to the extent and kind defined in in Article 2, below, and indicated on Attachment A. Project Name: SWEETWATER RIVER BICYCLE PATH Project Number: LS#89-469 ARTICLE 2: SERVICES The professional service of the Landscape Architect shall be as follows: Designz planning and construction documents as outlined in Attachment Cs Scope of Worki dated April 61 1989. LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 ARTICLE 3: COMPENSATION The Landscape Architect will bill the Client on a monthly basis for a total fee of $8000. The project will be billed on the 1ST of each month based upon percentage of completion by phase. The Client agrees to pay the Landscape Architect for professional services as follows: FIXED FEES - $82700. TOTAL REIMBURSABLE EXPENSES NOT TO EXCEED - $12080. ARTICLE 4: TIMELY PAYMENTS Compensation for services rendered is due within 60 days of submission of invoice. In the event the Landscape Architect does not receive the agreed compensation on the date compensation is due, the Landscape Architect may charge interest on the unpaid balance at the rate of 1% per month or, after giving the Client written notice, suspend services under this agreement. ARTICLE 5: PROJECT DATA The Client shall furnish to the Landscape Architect, at the Client's cost and expense, all available property line and topographic data related to the designated improvement on the above referenced property. If additional data is required beyond that first furnished, that material also shall, be furnished by the Client at the Client's cost and expense. A topographic survey (Attachment B) for the area designated in Attachment A is included under Article 6. of contract., LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 ARTICLE 6: REIMBURSABLE EXPENSES A. The Landscape Architect shall be reimbursed for blue- printing, reprographics, and duplication of other dodaments at the Est of reproduction plus 15% for handling. B. The Landscape Architect shall be reimbursed for authorized travel and living expenses related to this Agreement. (Automobile travel expenses computed at $.24/mile.) C. The Landscape Architect shall be reimbursed for all shipping, delivery fees and fascimile expenses relating to this project. D. The services of PRECISION SURVEY AND MAPPING for the purpose of Site Toeograghical Surveying shall be paid by the Client. See Attachment B detailing services. ARTICLE 7: ADDITIONAL SERVICES If during the progress of the development of plans or during construction the Client finds it desirable or necessary to cause the Landscape Architect to perform additional services other than those defined in Article 2, the compensation for such additional work shall be on a time and materials basis computed at the following hourly rates: Principal $75/HR Associate $60/HR Project Manager $55/HR Designer/Draftsman $40/HR Wordprocessor $25/HR LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 ARTICLE B: NON -WARRANTY The Landscape Architect shall prepare plans and bpecifications in accordance with generally accepted professional practices for the intended use of the project and makes no other warranty either expressed or implied. ARTICLE 9: ABANDONMENT OF PROJECT If the Client finds it necessary to abandon the project, upon written notice, delivered in accordance with Article 15, services will be terminated. The Landscape Architect shall be compensated for all work under Article 2 (Services) and Article 7 (Additional Services), completed to date of receipt of notice, according to the schedule of payments designated under Article 3 (Compensation) and Article 4 (Timely Payments). Those scheduled items not completed, but upon which work has been performed, excepting construction management, shall be followed to completion of that phase of work by the Landscape Architect, and shall be paid for upon basis of estimated extent of completion of total project. Upon receipt of notice of abandonment, no further work shall be undertaken and this Agreement will terminate. Should the Project become active, a new contract will be negotiated. ARTICLE 10: ASSIGNMENT This agreement binds the Client and Landscape Architect and their successors, assigns, and partners. It is mutually agreed that neither party shall assign, sublet, or transfer its interests, LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 rights, or obligations in this Agreement without the written consent of the other signatory party. A§TICLE 11: OWNERSHIP AND USE OF DOCUMENTS A. Plans, drawings, renderings, and specifications or any other form of work product of the Landscape Architect and all rights to public display or representation of such work products shall remain the property of the Landscape Architect whether the Project is built or not. B. All ideas, designs, and arrangements indicated on the Landscape Architect's drawings and contract documents are to be used in connection with this specific project only and shall not be used otherwise without the express written consent of the Landscape Architect. C. There shall be no changes or deviation from the drawings or accompanying specifications without the express written consent of the Landscape Architect. D. Any public display of renderings, drawings, plans or any visual representations of the work of LAND STUDIO or its principals shall include a graphic credit identifying LAND STUDIO or its principals as the design professionals responsible for such work. The graphic credit shall be of a size and a typeface similar to, and just following the identifying credits given to the Architect or other prime design professional in any public display representing the project. LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 ARTICLE 12: ARBITRATION A. All claims, disputes, and other matters in gaestion between the parties to this Agreement arising out of or relating to this f reement or the breach thereof, shall be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect and the Landscape Architect and any other person sought to be joined and agreeing to be bound by results of arbitration. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. B. The costs of arbitration, including but not limited to, any filing fees and the payment of the arbitrator(s) shall be paid by the non -prevailing party. In the event that either party engages the services of an attorney to represent that party during the arbitration, the party engaging the attorney shall bear its own attorneys' fees. LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 ARTICLE 13: TERMINATION A. Termination by the Client shall comply with Article 9. This Agreement shall be terminated by the Client or to Landscape Architect effective ten days after delivery of written notice to name and address recorded under Article 14. B. This Agreement, unless previously terminated by written notice shall be terminated upon completion of work and subject to receipt of final payment. ARTICLE 14: MECHANIC'S LIEN LAW A. The terms and provisions of this Agreement shall not be construed to alter, waive, or affect any lien rights which the Landscape Architect may have for the performance of services under this contract. ARTICLE 15: DELIVERY OF NOTICES A. Notices shall be served by registered mail or by messenger service requiring signature upon receipt and shall be directed to the name and addresses indicated below: LAND STUDIO, CITY OF NATIONAL CITY A CALIFORNIA CORPORATION Scott Molentin, Vice President Steven G. Ray, Principal Planner 419 West "G" Street 1243 National City Boulevard San Diego, California 92101 National City, CA 92050-4397 (619) 234-5403 (619) 336-4310 ARTICLE 16: ADDITIONAL PROVISIONS LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 AGREED: This Agreement is entered into as of the day and year=first written above, and approved at San Diego, California. Scott Molentin, Vice President LAND STUDIO A CALIFORNIA CORPORATION ASLA Date 419 West "G" Street George H:: Waters Date Mayor. CITY OF NATIONAL CITY 1243 National City Boulevard San Diego, California 92101 National City, CA 92050-4397 (619) 234-5403 (619) 336-4310 APPROVED AS TO FORM George H. Eiser, III City Attorney LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 1r .11..r..r•.. Y'. 'y' ..1 . • 2S 44 4,P to. 14 . 1S OS AC • q-1).4 Alen. Fosb 404.00 \ \IN KiS7,00•v4 ' ,8/a,04441, (6oNG, NOtC:ACIKAGCS SHOWN PCS MCC. MAP SAN S4W COUNT, MIASMAS •A► POA 504 PANE 47 SHY t OF 2 TKO HIS ASSESSMENT PIS/OSSS ONLY • 2 0 3.5$AC 10 s84-47 ts2oo c-KMAN S f SHT. 1 CF 2• , ,J1 ti+ . 0 2.TSAC w. or 11196.0'�'` MAP 10337- PLAZA BONITA SHOPPING CENTER 6A---)SHT.2 • • • rs .IA II01 1-24-144 BLK If/ NEW CUT 309 ATTACHMENT A LS#89-469 ATTACHMENT B LS#89-469 4.6.89 PRECISION SURVEY AND MAPPING Morena Office Center 1094 Cudahy Place Suite 222 San Diego, California 92110-3924 0619)275-4033 March 22, 1989 LAND STUDIO 419 West G. Street San Diego, CA 92101 Attn: ScuLL Molentin Re: Bikeway Connection National City Dear Scott, Thank you for contacting Precision Survey & Mapping for your professional land surveying needs. I am looking forward to this opportunity to work with Land Studio and I am confident we can provide you with the services you seek in a timely fashion. In accordance with your request, we are prepared to perform the work you have outlined and I have attached hereto as exhibit "A". As discussed, our feesfor this work are $600.00 and our elevations will be referenced to the drainage plans you spoke of and forthcoming. If you are in agreement with this proposal, please acknowledge same where provided below. If the City would rather have us contract with them directly, they could send us a contract or also sign where provided below. Thank you once again for the considerations afforded our firm. I look forward to the sucessful completion of this project. Sincerely, PRECISI*jURVEY & MAPING Micha- J. Pallamary LS encl: MJP/mp AGR sED TO TH AB VE TERMS April 6, 1989 ATTACHMENT C SCOPE OF WORK: LANDSCAPE ARCHITECTURAL AND PLANNING SERVICES SWEETWATER RIVER BICYCLE PATH (LINK TO PLAZA BONITA ROAD) (LS*89-469) 7-SCOPE OF PROJECT Design Planning and Construction Documents for the bicycle path improvements to link bicycle trail improvements budgeted with Sweetwater River Flood Control project to Plaza Bonita Road. Approximately 250 to 1,000 linear feet of bicycle path (depending on approved location) and related site amenities. Also includes planning studies for the bicycle corridor from Plaza Bonita Road to I-5 along the Sweetwater flood control channel. SCOPE OF SERVICES Phase A - Information Processing and Site Analysis Tasks 1. Review and process information supplied by City regarding existing and planned improvements affecting the proposed bike path system. 2. Analyze site design opportunities for routing, signage, safety, and recreation. 3. Coordinate with representatives of involved governmental and advisory organizations to define parameters and requirements, including City of National City Planning and Engineering Department, County of San Diego, U. S. Army Corps of Engineers, Cal Trans, etal. 4. Meet with City representatives to obtain approval for basic routing concept. Products Overlay studies of existing conditions, constraints and opportunities Meetings (2) with City Planning Department Phase B - Design Development Tasks 1. Prepare design studies based upon Phase A analysis. Studies include concepts for proposed bikeway alignment, grading, drainage, aesthetic and functional LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 Page Two April 6, 1989 SCOPE OF WORK: SWEETWATER RIVER BICYCLE PATH (LS4189-469 ) considerations, lighting, planting, signage, accent s- paving, and amenities. 2. Meet with or route documents to governmental agencies defined in Phase A., Item 3. to obtain approval for design concept. 3. Prepare schematic design plan for proposed amenities for bicycle path between I-5 and Plaza Bonita Road. 4. Describe techniques and results of study in a written summary. 5. Present design to Planning Department. Products Preliminary design studies on tracing paper Preliminary sketches of site amenities Final schematic design plan - colored Final design sketches for hardscape elements Written summary of findings Meetings (2) Design Presentations to City Planning et.al. Phase C - Construction Documents Tasks 1. Prepare Construction Documents for bike path connecting flood control improvements with Plaza Bonita Road, including: a. Paving layout b. Drainage and grading c. Details as required 2. Coordinate requirements of involved governmental agencies and obtain approvals. Products Hardscape layout plan Drainage and grading plan Construction details Specifications Meetings (1) Coordination with City Engineering Department (1) Review completed plans with Planning and Engineering Department LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 Page Three April 6, 1989 SCOPE OF WORK: SWEETWATER RIVER BICYCLE PATH (LS*89-469) Construction and Bidding Phase services are available hourly -upon request at additional services rates. The project will be billed monthly by percentage of completion of phases: Phase A - Information Processing and Site Analysis Phase B - Design Development Phase C - Construction Documents $ 1,800. 2,700. 4,200. $ 8,700. Site Topographical Survey Subcontract to PRECISION SURVEY AND MAPPING $ 600. Reimbursable expenses (Not to exceed) 480. $ 9,780. EXCLUSIONS: Community Meetings and meetings outside San Diego County Final signage design Soils report (LAND STUDIO will utilize adjacent Cal Trans soils information) Contract does not include services of a structural or civil engineer. We do not foresee the need for their involvement. ADDITIONAL SERVICES: Contract includes reimbursable expenses. Additional services beyond this scope of services, including meetings not outlined herein, will be provided at the following hourly rates: Principal $75/Hour Associate $60/Hour Project Manager $55/Hour Draftsman $40/Hour Clerical $25/Hour LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619) 234-5403 s Page Four April 6, 1989 SCOPE OF WORK: SWEETWATER RIVER BICYCLE PATH (LS*89-469) 'PRODUCTS TO BE FURNISHED: =-LAND STUDIO will furnish the City of National City one set of blueline copies and one set of originals or reproducibles suitable for making copies of all construction drawings, documents, summary report and final presentation graphics. Multiple copies of the plans and documents shall be excluded from this agreement. KEY PERSONNEL: Scott W. Molentin will be Project Manager and principal contact for the Project. LAND STUDIO 419 WEST G STREET SAN DIEGO CALIFORNIA 92101 (619j 234-5403