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HomeMy WebLinkAboutCC RESO 15,506RESOLUTION NO. 15,506 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO ANANDAGREEMENT DYKEBETWEEN ASSOCIATES FORF NATIONAL CITY DEVELOPING PLANS FOR LAS PALMAS PARK DEVELOPMENT BE IT RESOLVED by the City Council of the City of National City that the Mayor of the City of National City is hereby authorized to execute an agreement between the City of National City and Van Dyke and Associates to develop plans, and specifications for the development of Las Palmas Park. PASSED and ADOPTED this 19th day of January, 1988. GEORGE I WATERS, MAYOR ATTEST: / C ION. CAMPBELL, ITY CLERK APPROVED AS TO ORM: GEO GE H. EISER, III -CITY ATTORNEY AGREEMENT THIS AGREEMENT is made by THE CITY OF NATIONAL CITY, a municipal corporation, herein called "City" and VAN DYKE & ASSOCIATES, A California Corporation, herein called "Consultant". RECITALS A. City requires professional services for the improvement of LAS PALMAS PARK IMPROVEMENTS, herein referred to as the "Project". B. Consultant is ready, willing and able to provide such services. C. City desires to contract with Consultant for such services. NOW THEREFORE, in consideration of the recitals and mutual obligations of the parties hereto as herein expressed, City and Consultant agree as follows: I. CONSULTANT'S RESPONSIBILITIES Under the general supervision of the rsTx MANAGER or his designated representatives, Consultant shall provide the City with all required professional services for the Project. BASIC SERVICES The consultant will meet with Park and Recreation Staff to establish a precise schedule for work, including the dates of major milestones for the project, i.e., schematic drawings, design development and final construction documents, etc. This schedule will be adhered to by the consultant. Based on the understanding of the project and the work to be performed, we propose the following scope of work: A. Site Analysis/Data Collection/Work Plan Site analysis, review of available documentation and necessary data collection will be performed by the consultant in order to identify the opportunities and constraints of the site, as it relates to the proposed improvements. Development of a Work Plan is also included at this phase. B. Schematic Design Phase Based on information obtained from City Staff and other resource material, the consultant will prepare schematic plans to fix and identify the scope of the construction project. This will include the siting of tennis courts, general grading and drainage concepts for the park development, plant material groupings, walkways or other elements desired by the City in the completion of the project. This work will include the preparation of a presentation drawing to be used by the Consultant and Park's Staff in making presentations to various boards and commissions for approval prior to proceeding to the next phase of document preparation. C. Design Development When the project has received approval from the schematic design phase, the Consultant will prepare design development drawings showing the extent of work and the exact location of various elements presented on the base construction documents. These drawings will be completed to a 35% level and submitted to Park's Staff for their review and approval. It is also desirable to obtain approval from the Department of Engineering prior to proceeding with final construction documents. D. Construction Documents The Consultant will prepare 100% construction documents for the project including grading plans, planting plans, irrigation plans, layout plans, details and specifications to accurately communicate to proposing contractors the entire scope of work. These documents will be prepared with the understanding the $149,000 is the total funds available, including consultants' fees and costs.. The construction project will not exceed the maximum construction budget available. A final Engineer's estimate will be provided along with the construction document package. The project will be bid as lump sum contract. E. Bid Phase and Construction Representation ,Additional Services) The Consultant will be available to assist the City in seeking and evaluating contractor bids for the project. He will further be available to assist the City in observing the execution of the project, making determination that the Contractor is performing the work in accordance with the plans and specifications. The Landscape Architect would be available to review the Contractor's application for payment, as requested by the City Engineer. The City will make copies of plans used for bidding purposes. II. CITY'S RESPONSIBILITIES A. The City shall provide information as to the requirements and program of Project including budget limitations and scheduling. B. The City shall provide or cause to be provided site information including a site survey, grades and lines of streets, pavements and adjoining properties, rights -of -way, restrictions, easements, boundaries and elevations of the Project site; locations, dimensions and floor elevations or existing buildings, if any; other improvements and trees, if any; and information as to available service and utility lines, both public and private, as requested by the Consultant by record number, all of the above to the extent that they are shown in the City's records C. The City shall provide or cause to be provided material testing required for construction of the Project. D. The City shall notify Consultant of administrative procedures required and name representatives authorized to act in its behalf. III. PROJECT SCHEDULING A. Consultant shall submit a Site Analysis/Data Collection and Work Plan for review by the City within seven (7) days after receipt of written notice to proceed with the Project. B. Consultant shall submit a Schematic Design Phase for review by the City within fourteen (14) days after receipt of written notice to proceed with this Project phase. C. Consultant shall deliver Design Development to the City within twenty- one (21) days after receipt of a written notice to proceed with this Project phase. D. Consultant shall deliver Construction Documents to the City within twenty-one (21) days after receipt of a written notice to proceed with this Project phase. IV. CONSULTANT'S COMPENSATION The City shall compensate the Consultant, in accordance with the terms and conditions of this agreement, as follows: A. For the Consultant's basic services as set forth in Article 1, a total fee of $12,400.00. B. For reimbursable expenses and additional services, if required, a maximum fee of $3,000.00 will be paid. Reimbursable expenses include the cost of providing documents, reports, etc., requested by the City which are not included in the Consultant's basic services. Compensation for additional services including Bid Phase and Construction Representation or due to changes in the scope of work will be computed at the fixed rate of three (3.0) times Consultant's actual payroll costs. V. PAYMENTS TO THE CONSULTANT A. Payments to Consultant shall be made monthly in proportion to work accomplished by Consultant and shall not exceed the following: 1. Upon approval of the Schematic Plan 2. Upon submittal of Construction Documents 3. Upon approval of Construction Documents 4. Upon acceptance of the construction of the Project $4,500.00 $4,500.00 $2,200.00 $1,200.00 B. Payments for reimbursable expenses and additional services as outlined in IV.B shall be made monthly as they are incurred. C. Consultant shall not be paid for work incidental to changes required by Consultant's errors or omissions in contract documents. Responsibility for such errors shall be mutually determined by the City and Consultant. D. The Consultant's compensation defined in Article IV is the maximum compensation payable under the terms of this Agreement. The Consultant shall not provide services beyond the scope of this Agreement unless those services, and compensation for those services, have been defined in an approved amendment to this Agreement. No City employee can bind the City with regard to any payment for services which exceeds the amount payable under the terms of this Agreement. E. 1. If at any state of the work the Project is abandoned or delayed indefinitely, the City may elect to terminate this Agreement. In the event the City elects to terminate, City shall pay Consultant the reasonable value of the work performed but not to exceed the amounts as scheduled in Article V, Section A. 2. If unusual delays occur in complying with Project schedules, the City may, suspend performance of further services by Consultant for a reasonable period of time, after which the City may require Compliance by Consultant with all terms and conditions of this Agreement. In the event of such suspension, City shall pay Consultant the reasonable value of the work performed up to the date of the suspension, but not to exceed the amounts as schedule in Article V, Section A. 3. In the event that a contract for construction of the Project has not been awarded within 180 days of the receipt by the City of the final approved construction documents, Consultant shall be paid the reasonable value of the work performed but not to exceed the amounts as scheduled in Article V, Section A. 4. City's exercise of its options provided herein shall be evidenced by written notice given to Consultant. Acceptance of payment by Consultant shall discharge all of City's obligations and liabilities under this Agreement except to the extent that the City under Article V, Section E, paragraph 2, required upon rescinding suspension, continued compliance by Consultant with the terms and conditions of this Agreement. VI. OWNERSHIP OF DOCUMENTS All documents required by the terms of this Agreement shall become City property when Consultant has been compensated as set forth herein. VII. PROJECT CONSULTANTS A. Consultants employed by Consultant for the Project shall be subject to prior approval by the CITY MANAGER. B. City reserves the right to employ at its expense any or all consultants, estimators, testing laboratories, or other personnel it deems necessary to complete the Project. VIII. GENERAL CONDITIONS A. Consultant's professional services are being provided according to the prevailing standard of practice normally exercised in the performance of professional services of a similar nature in a similar locale. B. Consultant and any consultants employed by Consultant shall be independent contractors and not agents of the City hereunder. Any provisions in this Agreement that may appear to give City the right to direct Consultant or consultants as to details of doing work or to exercise a measure of control over the work mean that Consultant or consultants shall follow the direction of the City as to end results of the work only. C. Consultant shall not assign this contract or any monies due or to become due hereunder without City's prior written consent. Any assignment by Consultant without City's prior written approval shall be cause for termination of this Agreement at the sole option of City. In no event shall any contractual relation be created between any third party and City. D. In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to a reasonable sum as Attorney's fees. E. Consultant shall provide for his employees such amounts of workers' compensation insurance as may be required by law. F. Remedies of City. In the event (a) that Consultant 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 specifying the default or defaults complained of and the date of which his rights hereunder will be terminated as hereinafter provided if such default or defaults is or are not cured, or (b) that Consultant shall file a voluntary petition in bankruptcy, or (c) that Consultant shall be adjudicated a bankrupt, or (d) that Consultant 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 a demand upon Consultant, immediately cancel and terminate this Agreement and terminate each, every and all of the right of Consultant and of any and all persons claiming by or through Consultant under this Agreement. The rights and remedies of City as hereinabove 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 Consultant 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 Consultant. G. Control and Administration of Agreement; Notices. Control and administration of this Agreement is under the jurisdiction of the Cr.PY MANAGER 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 Park and Recreation Director, City of National City, 1243 National City Boulevard, National City, California 92050. Any notice or notices provided for by this Agreement or by law to be given or served upon Consultant may be given or served by depositing in the United States mail, postage prepaid, a letter addressed to said Consultant at his principal place of business or any other address which may hereafter be agreed upon by Consultant and City, or may be personally served upon Consultant or any person hereafter authorized by Consultant to receive such notice. Any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the principals of the parties so served. IX. HOLD HARMLESS AGREEMENT Consultant agrees to indemnify and hold harmless the City, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys fees, arising from the negligent acts, errors or omissions of the consultant associated with the project. X. INDEMNIFICATION AND INSURANCE Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement a policy of professional liability insurance (errors and omissions insurance) in the sum of $250,000.00 a true copy of which shall be furnished to City prior to the commencement of work on the projects. XI. EQUAL OPPORTUNITY PROGRAM Consultant hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable federal and state laws and regulations hereinafter, enacted as well as those requirements addressed by the City of National City, Equal Opportunity Program. Consultant understands that failure to comply with the above cited laws and regulations and/or falsely submitting information required under same laws and regulations may result in termination of this agreement and debarment from awards of future City contracts for a period of not less than one (1) nor more than two (2) years. IN WITNESS WHEREOF, this Agreement is executed by the City of National City, acting by and through its MAYOR pursuant to Resolution No. , authorizing such execution and by Consultant this 1ay of y4,,, , 1988. By / Georgeill. Waters Mayor THE CITY OF NATIONAL CITY By /'If George Eiser III, City Attorney VAN DYKE & ASSOCIATES, INC. Thomas G. Van Dy RIRresid r nt