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HomeMy WebLinkAboutCC RESO 12,319RESOLUTION NO. 12,319 RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES WITH VAN DYKE/HALSEY DESIGN GROUP, INC. WHEREAS, on October 12, 1976 the City Council did authorize the expenditure of $100,000 in Revenue Sharing Funds for the planning and development of small parks to be located on a National City elementary school or schools, and WHEREAS, the City Council also approved the formation of a Committee to be chaired by the National School District Superintendent for the selection of said park site or sites, and WHEREAS, said Committee has narrowed its selection to four alternative school sites, and WHEREAS, it is now appropriate for the City to engage the services of a professional planning firm, and WHEREAS, the firm of Van Dyke/Halsey Design Group, Inc. of San Diego is competent and professionally qualified to perform such services; NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute a contract for prof- essional consulting services with Van Dyke/Halsey Design Group, Inc. of San Diego. A copy of said contract is on file in the Office of the City Clerk and reference is made hereto for all particulars contained therein. PASSED AND ADOPTED this 5th day of April, 1977. ATTEST: 3/22/77 CITY OF NATIONAL CITY, CALIFORNIA CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES THIS AGREEMENT, entered into this day of 1977 by and between the City of National City, California, herein- after referred to as the "City" and Van Dyke/Halsey Design Group, Inc., Landscape Architects and Land Planners, 3585 Fifth Avenue, San Diego, California 92103 hereinafter referred to as "Land- scape Architect" or "Architect". WITNESSETH THAT WHEREAS, the City Council did on October 12, 1976 agree to participate financially in the development of a small park site(s) to be located on one or more of the National City Elementary Schools, and and WHEREAS, said financial participation islimited to $100,000, WHEREAS, a committee comprised of citizens, parents, school and City officials has been appointed for the purpose of selecting appropriate sites for said park and giving guidance in the design concepts, and WHEREAS, the City desires to engage the Landscape Architect to render certain technical services related to the design and con- struction of said parks. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Scope of Services A. General The Landscape Architect agrees, upon written request by the City, to make visual surveys, prepare maps, reports, graphics and illustrations, to make field inspections and field checks, to prepare analyses and estimates, to make special studies, to make public presentations and to provide any other land- scape architect or land planning services requested by the City pursuant to this Agreement. B. Conceptual Plans (1) The Landscape Architect shall prepare conceptual Page 1 of 8 plans for the development of small one-two acre community/school park sites located on the property of the following schools: Kimball Elementary Olivewood Elementary Lincoln Acres Elementary Palmer Way Elementary One concept plan shall be prepared for each school site identified above. - Development of conceptual plans shall include, but not be limited to the following: Consulta- tion with school principals and other school representatives, visual inspection of the property to be improved, noting existing site characteristics, potential uses of the park site, consideration of existing zoning and master plan designation for the site and surrounding neighborhood, relationship of the proposed conceptual plans to the site,.con- sideration of school programs and enhancement of city park facilities. The purpose of the conceptual plan is to pro- vide a professional opinion of proposed site utilization, and relationship between the site, school and city objectives. (2) Upon development of the conceptual plan for each school the Landscape Architect shall present said plans to the School/City Mini Park Committee for consideration. Said presentation shall in- clude but not be limited to the following: - Graphics materials sufficient to explain the conceptual plans advanced - Preliminary cost estimates of each development site C. Construction Documents (1) Preparation of precise plans, construction drawings and specifications for conceptual plan or plans selected by the School/City Mini Park Committee. Said plans shall be prepared to the satisfaction of the City's Director of Building and Housing, the Director of Public Works, the National School District Superintendent, and meet all existing codes, ordinances, laws or regulations. Said plans shall be prepared in final form and suit - Page 2 of 8 able for bidding and construction purposes and include all necessary drawings and narrating specifications. (2) The services of the Landscape Architect shall extend through the construction period and include inspection during such construction and minor modifications or alterations to plans as may be required by the construction. It is the intent of this section to require that the Architect provide periodic inspection during the construction phase in order to protect the integrity of his design. It is not the intent of this section to require basic re -design of construction plans, but rather to insure that should actual construction involve minor plan or specification modifications, as determined by architect's errors or omissions, such modification shall be made by the Architect at no expense to the City. D. Topographic Survey or Data (1) If required and requested by the City the Land- scape Architect shall obtain a topographic survey of the construction site and its environs for the development of construction documents. 2. Notice to Proceed The City shall provide the Landscape Architect with a written notice to proceed with each item of work or service identified in the Scope of Services. Said notice shall be accompanied by a brief written description of each task or assignment requested. Except for Item 1 B conceptual plans, the Landscape Architect shall then provide the City with an estimate of the number of hours of professional services such task or assignment would entail and an estimate of costs and the completion date of the task or assignment. Thereafter, the City may, in writing, authorize such work. 3. Compensation ITEM METHOD OF COMPENSATION 1, B Conceptual Lump Sum $ 3,600.00 Plans Said fee does not include services for user needs survey, topographic survey, Page 3 of 8 utility as built drawings, geo- technical reports, identification and precise location of existing site features. The City shall supply information, maps, drawings and data in order to assist the architect in development of the Master Plan. The Consultant shall obtain information and other basic data as required by group meetings, phone survey, agency reseaech and personal observation. Compensation for Items 1, C and 1, D herein or portions thereof shall be based on work performed as authorized by a Notice to Proceed, pursuant to a monthly statement submitted by the Architect for each classification set forth in the schedule below: Hourly Rates for Professional Services Classification Hourly Rate Principal $30.00 Landscape Architect 25.00 Designer - Senior 20.00 Designer 18.00 Draftsman 15.00 Clerical 12.00 In addition the City shall reimburse the Landscape Architect for actual costs of blue printing, duplicating or other reproduction services required by the City. Maximum compensation for Item 1, C hereof shall not exceed Ten Thousand dollars ($10,000). Compensation for Item 1, D hereof shall be negotiated prior to the issuance of a Notice to Proceed, but in no event shall compensation for the topographic survey exceed Two Thousand Dollars ($2,000). The method of compensation for Items 1, B, C, & D, herein shall be monthly progress payments based on itemized state- ments submitted by the Architect at the end of each cal- endar month detailing the work performed under the Page 4 of 8 applicable section hereof and estimating the percentage of work completed. The City shall make monthly progress payments to the Architect based on the Architect's statement if, in the judgment of the City, such state- ment accurately reflects the amount of work performed. 4. Schedule of Completion Dates Each and every item of work identified below shall be completed within the time period indicated. The time period shall begin upon the issuance of a Notice to Proceed by the City. ITEM COMPLETION 1. B 30 Calendar days 1. C 60 Calendar days 5. Contract Administration Responsibility for administration of this contract shall be shared jointly by the City of National City and the National School District. Each agency shall identify an appropriate officer to be responsible for administration 6. Additional Provisions (1) In the event that the plans, specifications, or field work or other work covered by this Agreement is changed by the City while work is underway in such manner as to cause new or additional work, such work will be charged the City pursuant to the fee schedule set forth above. (2) In the event all or any portion of the work prepared or partially prepared by the Architect be suspended, cancelled or abandoned, the City shall pay the Arch- itect for the completed work on the basis as set forth in Section 3 hereof. (3) All sketches, tracings, drawings, computations, notes, and other original documents shall become the property of the City. Said materials shall be delivered to the City upon demand and/or completion of the contract. Page 5 of 8 (4) Prior to the commencement of work hereunder the. Architect shall deliver to the City Attorney, for his review and approval, appropriate Certificates of Insurance evidencing that Architect is insured against claims for property damage or bodily injury and professional errors and omissions in an amount not less than $200,000 for any one occurrence and $200,000 for multiple occurrences. Said Certificate of Insurance shall provide for the giving of ten (10) days written notice of termination or of cancellation to the City Attorney of the City. of National City. Said Certificate shall name the City of National City as an additional insured. The Architect shall also deliver the Certificate of Insurance evidencing that Architect and his employees are covered by a current policy of Work- mens Compensation Insurance. The same provision for Notice of Cancellation as above described shall be provided. 7. Equal Employment Opportunity During the performance of this contract, the Landscape Architect agrees as follows: (1) The Landscape Architect will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Land- scape Architect will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruit- ment or recruitment advertising; layoff or termination; rates of pay or other foims of compensation; and selection for training, including apprenticeship. The Landscape Architect agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (2) The Landscape Architect will, in all solicitations or advertisements for employees placed by or on behalf of the Landscape Architect, state that all qualified applicants will receive consideration for employment Page 6 of 8 without regard to race, creed, color, sex or national origin. (3) The Landscape Architect will cause the foregoing pro- visions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 8. Discrimination Because of Certain Labor Matters No person employed on the work covered by this contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 9. Compliance with Local Laws The Landscape Architect shall comply with all applicable laws, ordinances, and codes of the state and local govern- ments, and shall colLuuit no trespass on any public or private property in performing any of the work embraced by this Contract. 10. Subcontracting None of the services covered by this contract shall be sub- contracted without the prior written consent of the City. The Landscape Architect shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Landscape Architect shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this contract. 11. Assignability The parties to this contract shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the other party; provided, however, that claims for money due or to become due the Landscape Architect from the City under this contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. Page 7 of 8 IN WITNESS WHEREOF, the City and the Landscape Architect have executed this agreement as of the date first above written. CITY OF NATIONAL CITY By VAN DYKE/HALSEY DESIGN GROUP, INC. By Thomas G. Van Dyke, ASLA,President Page 8 of 8