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HomeMy WebLinkAboutCC RESO 12,131RESOLUTION NO, 12,131 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. (KIMBALL PARK) WHEREAS, on June 15, 1976 the City adopted Resolution 12,069 authorizing execution of an amended project agreement with the California Department of Parks and Recreation, and WHEREAS, said agreement provides for a grant of $122,140.00 authorized pursuant to the State Beach, Park, Recreation and Historical Facilities Bond Act of 1974, and WHEREAS, the City wishes to engage the professional and technical services of Van Dyke/Halsey Design Group, Inc. of San, Diego, California to provide consulting services for the Master Planning and Phase I Precise Planning of Kimball Park, and WHEREAS, said amended agreement with the State of California limits the expenditure of grant funds for such planning to $12,140, or ten (10) percent of the total grant entitlement, and WHEREAS, the consulting services are expected to exceed this amount, and WHEREAS, the Community Development Commission did on September 7, 1976 agree to assume the additional costs involved in said planning as part of its "Center City" Project not to exceed $17,700, and WHEREAS, Kimball Park is a central feature of the "Center City" Project area, and WHEREAS, Van Dyke/Halsey Design Group, Inc. is the Architect for the "Center City" Project Area, NOW, THEREFORE BE IT RESOLVED that the City Manager authorized to execute a contract for professional Landscape is hereby consulting services with Van Dyke/Halsey Design Group, Inc. of San Diego and to receive financial assistance from the Community Development Commission as provided herein. 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 14th day of September, 1976. `--(/,e e_ec, MAYOR 9/7/76 CITY OF NATIONAL CITY, CALIFORNIA CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES THIS AGREEMENT, entered into this day of 1976 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, 11722 Sorrento Valley Road, San Diego, California 92121 hereinafter referred to as "Landscape Architect" or "Architect". WITNESSETH THAT WHEREAS, the City desires to engage the Landscape Architect to render certain technical services; 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 landscape architect or land planning services requested by the City pursuant to this Agreement. B. Kimball Park Master Plan The Landscape Architect shall develop a detailed master plan of Kimball Park and present said plan to approp- riate boards or commissions of the City for considera- tion and adoption. The final plan shall contain sufficient detail to allow the City to implement its various component parts pursuant to a phasing plan. The plan shall also be accompanied by a detailed narrative report which clearly sets forth the philo- sophical, professional and architectural premises of the plan and its component features. The final master plan shall be prepared in color using an appropriate scale suitable for public presentations. The final Page 1 of B master plan shall also be prepared on a reproducible Mylar transparency. The master plan shall include the necessary planning steps to carry the project from. early review, feasibility and fact finding, through program and plan development. It shall be the Land- scape Architect's objective to obtain approval of the plan, including approval by the City Council and Coastal Commission. The Master Plan, planning services shall include, but not be limited to: (1) Program Development such as - Establishment of goals and objectives for park development - Inventory of on and off -site factors and features - Coordination and' compatibility with the "Center City" project and the City's General Plan (2) Analysis of - Existing site characteristics - Program relationships - User needs and social determinants (3) Design concept - Relationship of use areas to site - Final master plan - Recommendation for project phasing (4) Documented report and recommendation (5) Cost estimates for phasing plan (6) Preparation of City's Environmental Impact Assessment (7) Public presentations to City Council boards, commissions or other governmental a encies - Maximum of three meetings (8) Preparation of required graphics material to adequately explain and present the Master Plan recommendations Page 2 of 8 C. Master Plan, Phase I Alternatives and Selection of Alternatives (1) Preliminary concepts Upon development, recommendation and adoption of the above Master Plan the Landscape Architect shall prepare not less than three (3) preliminary alternatives for improvements to the park for Phase I development pursuant to the Master Plan which can be accomplished for approximately $110,000. Each alternative shall be accompanied by cost estimates, written narrative supporting the concept advanced and appropriate graphic materials. (2) Presentation and Selection of Preliminary Concepts Maximum of three (3) public presentations of Phase I alternatives to City Council, boards or commissions. It is an objective of the Landscape Architect to obtain final City Council selection and approval of one of the alternatives proposed D. Phase I Construction Documents (1) Preparation of precise plans, construction draw- ings and specifications for the alternative (or modified version thereof) selected_pursuant_ to Item C (2) above. Said plans shall be prepared to the satisfaction of the City's Director of Building and Housing and the Director of Public Works and meet all existing codes, ordinances, laws or regulations. Said plans shall be prepared in final form and suitable for bidding and con- struction purposes and include all necessary drawings and narrating specifications. (2) The services of the Landscape Architect shall extend through the construction period and include in- spection during such construction and minor mod- ifications 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 Phase I 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. Page 3 of 8 E. Topographic Survey (1) If required and scape Architect of Kimball Park ment of Phase I requested by the City the Land - shall obtain a topographic survey and its environs for the develop - construction documents. F. Other Consultants or Consulting Services It is anticipated that it may be necessary for the Arch- itect to engage the services of other professional con- sultants such as zoological experts, traffic engineers or hydrologists. In the event such services are required, the Architect shall in writing, request authority of the City to employ such consultant, identify the reason for the service and the estimated cost thereof based on reasonable hourly rates. 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 Kimball Park Master Plan, 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 Kimball Park Lump Sum, $9,000.00 Master Plan Said fee does not include services for topographic survey, utility as built drawings, geotechnical reports, identi- fication and precise location of existing site features. The City shall supply information, maps, drawings and data ia order to assist the architect in develc..^- ment of the Master Plan. The Planning Consultant shall obtain use needs information and other basic data as required by group meetings, phone sur- vey, agency research and person observa- tion. The results obtained from the above shall be used as a basis for analysis and recommendations for present and future park use. A maximum number of one hundred hours shall be expended by the consultant in obtaining the above. Page 4 of 8 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 $ 25.00 Landscape Architect 22.50 Draftsman - Senior 18.50 Draftsman - Junior 15.00 Clerical 10.00 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 three thousand dollars ($3,000). Maximum compensation for Item 1, D hereof shall not exceed the recommended ASLA Fee Schedule or twelve thousand- dollars ($12,000) whichever is less. Such compensation shall not include reimbursement for consulting services as provided by Section 1, F herein.. Compensation for Item 1, E hereof shall be negotiated prior to the issuance by the City of a Notice to Proceed, but in no event shall compensation for the topographic survey exceed four thousand two hundred dollars ($4,200). Compensation for additional consulting services pursuant to Section 1, F herein shall be reimbursable to the Architect at the rate of actual cost plus fifteen (15) percent. In the event such consulting services are requested by the Ar~...hitect, he shall negotiate reasonable fees with the consultant to the approval and satisfaction of the City. The method of compensation for Items 1, B, C, D, E, and F herein shall be monthly progress payments based on statements submitted by the Architect at the end of each calendar month detailing the work performed under the 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 statement accurately reflects the amount of work performed. Page 5 of 8 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 90 calendar days 1. C 60 calendar days 1. D 90. calendar days 1. E 3p calendar days 5. 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 Architect 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_ (4) Prior to the commencement of work hereunder the Arch- itect shall deliver to the City Attorney, for his review and approval, appropriate Certificates of Insurance evidencing that Architect is insured against clams for property damage or bodily injury and prof- ess axial errors and omissions in an amount not less than S200,000 for any one occurrence and $200,000 for mul-fcle occurrences. Said Certificate of Insurance shall provide for the giving of ten (10) days written notice of tez.uination 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. Page 6 of 8 The Architect shall also deliver the Certificate of Insurance evidencing that Architect and his employees are covered by a current policy of Workmens Compensa- tion Insurance. The same provision for Notice of Cancellation as above described shall be provided. 6. 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: employ- ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other foLms of compensation; and selection for training, including apprenticeship. The Landscape Architect agrees to post in conspicuous places, available to employees and applicants for employ- ment, 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 willreceive consideration for employment 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. 7. 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 tc the labor standards applicable hereunder to his employer. Page 7 of 8 8. 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 commit no trespass on any public or private property in performing any of the work embraced by this Contract. 9. 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. 10. 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. IN WITNESS WHER-OF, 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