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Home My WebLink AboutCC RESO 11,895RESOLUTION NO. 11,895 A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND TOUPS CORPORATION FOR LANDSCAPE ARCHITECTURAL SERVICES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute that certain agreement between the City of National City and Toups Corporation for Landscape Architectural Services. PASSED AND ADOPTED this 4th day of November, 1975. ATTEST: AGREEMENT BETWEEN THE CITY AND ARCHITECT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of November , 1975, by and between CITY OF NATIONAL CITY (a Municipal Corporation) hereinafter referred to as THE CITY, and TOUPS CORPORATION (a California Corporation) hereinafter referred to as ARCHITECT. WITNESSETH: WHEREAS, THE CITY proposes to improve Las Palmas Park in the County of San Diego, and, WHEREAS, THE CITY desires to engage ARCHITECT to perform certain architectural services pertinent to the above construction; now therefore, IN CONSIDERATION OF THE PREMISES AND MUTUAL BENEFITS which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: SECTION 1. ARCHITECT AGREES to furnish and perfoiin the various professional services pertinent to above named construction, outlined as follows: A. OFFICE 1. Perform a physical survey of the existing park facilities of National City to insure a continuity in the overall design development of the City's parks, and to avoid the duplication of known problem areas. 2. Review existing data, City provided grading plan, and status of construction activities. 3. Attend meetings with staff, Planning Commission, and City Council to justify and explain development plans and con- cepts; and to review data. 4. Perform agronomist investigation of existing soils to determine soil characteristics, ground water build-up, trench backfilling requirements and most suitable grass types for optimum turf performance. 5. Prepare preliminary overall park development concept (workable park master plan for approval by National City and San Diego County). Plan shall include specific sites for restrooms, picnic areas, gymnasium, and tennis courts. 6. Prepare park identity concept, including entry monuments, directional signing, etc. 7. Relate with concerned citizens groups for design input and proposed park development. 8. Select development plan and make recommendations to City and County. 9. Prepare preliminary cost estimate and specifications. 10. Prepare landscape development plan (planting plans), in- cluding tot lot design, relocation of present equipment, soil preparation and amendment requirements, parking areas, roadways 11. Prepare 12. Prepare 13. Prepare 14. Prepare service to proposed gymnasium, (conduit only --no wire); water gymnasium sites; telephone and sewer service to the gymnasium location all mains. landscape planting and construction details. automatic irrigation design and construction details. overall park lighting plan and installation details. utility plan to include: underground electricity tennis courts, and restrooms service to restroom and gas service to the gymnasium; and restrooms; and precise Section 1 heretofore stated, at the hourly rates set forth below. All such extra or additional work must be authorized by the CITY prior to commencing such work in a written work order. 1. Office Technical Personnel - 2.25 times Payroll Cost for all hours worked. 2. Two (2) Man Survey Party - $58.00 per hour 3. Three (3) Man Survey Party - $76.00 per hour Payroll cost per hour is defined as the employee's base salary plus 27% for payroll taxes, vacation, holidays, medical in- surance, and other fringe benefits. SECTION 5: The Plans and Specifications and/or field work covered by this contract are understood to be those required by the various governing bodies for this type of work as of the date of submittal of the proposal. SECTION 6: In the event all or any portion of the work prepared or partially prepared by the ARCHITECT be suspended, can- celled or abandoned, the CITY shall pay the ARCHITECT for the com- pleted work on the basis as set forth in Section 3, together with any terminal expense resulting therefrom, plus compensation for all extra or additional work at the rates set forth in Section 4. SECTION 7: In the event THE CITY requests ARCHITECT to cease performing under this Agreement or if THE CITY asks ARCHITECT to delay the performance of any services under this Agreement, ARCHITECT is not required to resume performance under this Agreement unless THE CITY agrees to adjust the fee schedules herein to reflect increasing costs of operation. The ARCHITECT understands that soil removal from the site; negotiations with and approvals required by San Diego County, and established recreation program operation may cause delay. These causes shall not be considered as a suspension of work, nor cause for added compensation. SECTION 8: THE CITY shall pay the cost of all fees, permits, bond premiums, title company charges, and all other charges not specifically covered by the terms of this Agreement. SECTION 9: All sketches, tracings, drawings, computa- tions, survey notes, and other original documents shall become the property of THE CITY. Said materials shall be delivered to THE CITY upon demand, CITY reimbursing ARCHITECT for the costs of delivery. SECTION 10: The ARCHITECT and THE CITY each binds him- self, his partners, executors and administrators to such other party in respect of all covenants of this Agreement. Neither party shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other party hereto. SECTION 11: Progress billings will be made periodically by the ARCHITECT in accordance with rates set forth in Section 3. THE CITY will pay these billings within thirty (30) days after receipt. The ARCHITECT, with full knowledge of the financial agreement relative to this project between THE CITY and the County of San Diego, will not present billing until the completed portion of the work is approved by both public entities. SECTION 12: Termination of Agreement This Agreement may be terminated by either party upon seven days written notice. SECTION 13: Insurance 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 $300,000 for any one occurrence and $500,000 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. The ARCHITECT shall also deliver the Certificate of Insur- ance evidencing that ARCHITECT and his employees are covered by a current policy of Workmens Compensation insurance. The same pro- vision for Notice of Cancellation as above described shall he pro- vided. SUMMARY In the preparation and execution of this Agreement, it is the purpose of the City of National City to engage the professional services of the ARCHITECT to perform all duties which ordinarily are accomplished by such professionals in relation to similar projects, without recourse to inadvertant omissions of specified duties. The ARCHITECT hereby agrees to fulfill all obligations in this regard to the best professional standards within the budgetary limits of THE CITY. THE CITY, as a matter of good faith, hereby agrees to accommodate the ARCHITECT in all feasible ways in order to insure the highest quality of the finished product so that it will be of credit to all parties concerned. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date and year of signature. ARCHITECT -- TOUPS CORPORATION f�\/ / n 4. Edward Roberts, Jr. / Vice President ate �' _ L\ , %s'7 THE CITY OF NATIONAL CITY By: Mayor Kile Morgan By ` i (Ione MinogueCampbell „-,Z;42111_, City Clerk Date November 6, 1975 PHASE I PHASE II PHASE III PHASE IV SCHEDULE "A" LAS PALMAS PARK Preliminary Design Final Design Prepare Contract & Bid Documents Construction Field Review $ 900 $3,450 $ 250 $2,000 Total $6,600