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RESOLUTION NO..
7811
BE IT RESOLVED by the City Ccuncil of the City of
National City, California, as follows:
SECTION .1: That certain agreement between
BYRL D. PHELPS
and the CITY OF NATIONAL CITY, a
municipal corporation, a copy of.
which is attached hereto, be, and
the same is hereby, approved.
SECTION 2: That MAURICE .CARRIGAN, Mayor of
-the City of National City ems,
and he is hereby, authorized
and directed to execute the same
for and upon behalf of the said
City.
PASSED AND ADOPTED by the City Council of the City of National City, California, this
day of October , 19 52 , by the following vote, to -wit:
Hart, McClure Parchen, Sarn, Carrigan
7th
AYES: Councilmen
NAYS: Councilmen
None
ABSENT: None
ATTEST:
City Clerk.
Resolution
I hereby approve the foregoing e5
mrrisw
S2' 44 C.6
ayor of the Cit. of National y, California.
this__.`Zth day of October 1952
Mayor of the City o,IVational City alifornia.
I hereby certify that the above and foregoing is a full and true copy of
t Resolution
1 Ordinance
No
of the Resolutions of the City of National City, California, as adopted by the City Council of said
Ordinances f
City, and approved by the Mayor of said City, on the day of , 19
City Clerk of the City of National City, California.
Deputy
AGREE"ENT
THIS AGREEMENT ENTERED INTO THIS
y
DAY OF
, 1952, _BY AND BET.,EE:d CITY OF NATIONAL CITY,
A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS "CITY°, AND
BY;L D. PHELPS, A DULY REGISTERED CIVIL ENGINEER, HEREINAFTER RE-
FERRED TO AS "ENGINEER";
IT IS HEREBY '- UTUALLY AGREED AS F3LLO. S :
I. THAT THE ENGINEER SHALL FURNISH ALL ENGINEERING PER-
SONNEL, ENGINEERING E<.,UIPMENT, SUPPLIES AND TRANSPORTATION, AND
MAKE ALL NECESSARY INVESTIGATIONS FOR THE PREPARATION OF DRAWINGS
AND SPECIFICATIONS AND PERFORM ALL NECESSARY ENGINEERING s`.ORK FOR
nR- ON
GRADING, PAVING,CURBS AND 51`>E':aALKS ON H:+"�315;., AVENUE BETr."EEN
DIVISION STREET AND EIGHTH STREET, NATIONAL CITY, CALIFORNIA PURSUANT
TO AND UNDER THE TERMS AND PROVISIONS OF THE STREET IMPROVEMENT APT
OF 1911 AND FURNISH THE NECESSARY COPIES OF SAID SPECIFICATIONS AND
BLUE PRINT CO•'IES OF DRA`INGS REQUIRED FOR PROSPECTIVE BIDDERS;
AND SHALL ADVISE THE CITY COUNCIL IN THE EVALUATION OF BIDS RE-
CEIVED AND THE A\.ARD OF CONSTRUCTING SAID IMPROVEMENTS, AND SHALL
SUPERVISE THE CONSTRUCTION OF SAID IMPROVEMENTS AND PREPARE THE
REQUIRED ASSESSMENT DIAGRAMS AND ASSESSMENT ROLLS, AND SHALL GENER-
ALLY DO ALL ENGINEERING '..ORK ON SAID PROJECT.
2. THAT THE CITY SHALL PAY TO THE ENGINEER, AS FULL
COMPENSATION FOR THE SERVICES SET FORTH ABOVE, THE SUMS AND
AMOUNTS, AND IN THE MANNER, HEREINAFTER PROVIDED:
(A) FIVE PERCENT (v,'.',) OF THE OONSTRUCTI ;N COST
FOR THE PRELIMINARY SURVEYS AND PREPARATION
OF PLANS AND SPECIFICATIONS;
(8) FIVE PERCENT (5;) OF THE CONSTRUCTION COST FOR
THE SETTING OF GRACE AND ALIGNMENT STAKES,
GENERAL SUPERVISION AND INSPECTION;
PERCENT (2) C.F THE CONSTRUCTION COST FOR
THE PREPARATION OF ASSESSMENT DIAGRAMS .AND
ASa:.ESSMENT ROLLS;
OF THE CONSTRUCTION COST FOR
SPECIAL INVESTIGATi`I PROCEEDINGS.
3. THAT THE FEES TO BE PAID TO THE ENGINEER, AS ..ORE
(��� 2 (G)� AND
PARTICULARLY SET FORTH ABOVE IN PARAGRAPHS 2 (A),
2 (0), SHALL BE PAID BY THE PERSON OR FRIn A'AROED THE CONTRACT FOR
SAID `•'.ORK AS FoLLOOS: THE ::UM OF T:.O PERCENT (2), PROVIDED FOR 2 (0)
SIXTY (60) DAYS AFTER COMPLETION;
THE SUM OF FIVE PERCENTl
(/5% , PROVIDED FOR IN
2 (A) ABOVE, SHALL BE PAIO UPON THE.A..ARD OF.
THE CONTRACT FOR THE .ORK;
r
%
THE SUM OF SEVEN(PERCENT (7,�) UNDER PARAGRAPHS
PAID ON CO�:—
2 (s) AND 2 Cl ABOVE, SHALL BE
�
PLETION OF CONSTRUCTION OF THE s.ORK OR j;PROVE—
I,ENT AND THE DELIVERY OF THE DIAGRAMS OF THE
ASS&SSMENT DISTRICT AND OTHER DOCUMENTS PER—
TAINING THERETO.
A. THAT THE RIGHT IS HEREBY RESERVED TO THE CITY COUNCIL
OF THE CITY TO TERMINATE THIS AGREEMENT AND ALL FURTHER PROCEEDINGS
FOR SAID IMPROVEMENT, AS PROVIDE IN THE STRE'_T IMPROVEMENT -;CT OF
1911, AND IF THE EJORK OR IMPROVEMENT SHALL BE ABANDONED BY THE CITY
BEFORE THE AWARD OF A CONTRACT TO A SUCCESSFUL BIDDER, THE CITY SHALL
NOT BE OBLIGATED TO THE ENGINEER FOR AN AMOUNT IN EXCESS OF THE
SUM OF SIX PERCENT (6%) OF THE. LOWEST ESTIMATED CONSTRUCTION COST
THEREOF, AS DETERMINED BY A COST ESTIMATE ADE UY THE CITY ENGINEER
OF CITY AND‘CONCURRED IN BY ENGINEER, AND IN NO EVENT 'SHALL THE TOTAL
ESTIMATED COST OF CONSTRUCTION EXCEED THE SUM OF
MARS
FOR THE PURPOSE OF THIS PARAGRAPH ONLY.
IN ,I f dES S .Hr -OF , THE PATiTIES HERETO'HAVE EXECUTED
THIS AGREEMENT :AS OF THE DAY AND YEAR FIRST '=•:'•OVE R I TTEN.
CITY OF NATIOWAL CITY,
A ?[•UNICIPAL CORPORATION,
BYRL J. PHELPS
ATTEST:
(i ,LNE ALSTON, CITY CLERK OF
CITY OF NATI:%N jL CITY, C LIFOl NIA.