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HomeMy WebLinkAboutCC RESO 5785RESGLUTIO! NO. 57$5_,yz„ BE IT RESOLVE: by the City Council of the City of National City, California, as follows: SECTION 1rtain agreement between Tt e BYRL D. PHELPS and the .CNATIONAL hCITY, a municipal corporation, coot' of which is at tached hereto, be, and 'the same is hereby, approved. SECTION 2: That MAURICE CPRRIGAN, Mayor of the City of National City 114, and - he is hereby, authorized and directed to execute the same for and upon behalf of the said City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 7th day of October 19 52 , by the following vote, to -wit: AYES: Councilmen Hart, McClure,. Parchon, Sarn2 Carrigan NAYS: Councilmen None ABSENT: None ATTEST: " Ci Clerk. yayor of the City 'National Ci alifornia. {I hereby approve the foregoing Resolution this 7th CcitlitaiNdt day of October 19 52 or of the City of National City, lifornia. I hereby certify that the above and foregoing is a full and true copy of of the { Resolutions Ordinances i Resolution No Ordinance f of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy DOCUMENT No. Dated OFFICE OF THE CITY CLERK NATIONAL CITY, CALIFORNIA RESOLUTION No ADOPTED BY THE COUNCIL a$T ENTENED tUTJ THIS ) y DAY of i tf � >4G^ , 1952, ay AND t ETEE4 CITY F :y..TIOd L CITY, A :.UNICIP:L CORPORATION, HEREINAFTER REFERRED TO AS "CITY", AND BYRL D. PHELPS, A DULY R GISTrRED CIVIL ENGINEER, HEREINAFTER REFERRED TO AS "ENGINEER"; IT IS HEREBY .1TUALLY AGREED A; FOLLth,S: 1. THAT THE ENGINEER SHALL FURNISH ALL ENGINEERING PERSONNEL, ENGINEERING EQUIPMENT, SUPPLIES AND TRANSPORTATION, AND MAKE ALL NECESSARY INVESTIGATIONS FOR THE PREPARATION OF DRA::INGS AND SPECIFICATIONS AND PERFORM ALL NECESSARY ENGINEERING WORK FOR PAVING AND SIDEWALKS ON ROSELANN STREET BETeEEN ''L" AVENUE AND "`J" AVENUE PURSUANT TO AND UNDER THE TERMS AND PROVISIONS OF THE STREET IMPROVEMENT .ACT OF 1911 AND FURNISH THE NECESSARY COPIES OF SAID SPECIFICATIONS AND BLUE PRINT COPIES OF DRAVINGS REQUIRED FOR PROSPECTIVE BIDDERS; AND SHALL ADVISE THE CITY COUNCIL IN THE EVALUATIPN OF BIOS RECEIVED AND THE AyYARD OF CONSTRUCTING SAID IMPROVEMENTS, AND SHALL SUPERVISE THE CONSTRUCTION OF SAID IM- PROVEMENTS AND PREPARE THE REQUIRED ASSESSMENT DIAGRAMS AND ASSESS- MENT ROLLS, AND SHALL GENERALLY 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 (5%) OF THE CONSTRUCTION COST FOR THE PRELIMINARY SURVEYS AND PREPARATION OF PLANS AND SPECIFICATIONS; (B) FIVE PERCENT (5%) OF THE CONSTRUCTION COST FOR THE SETTING OF GRADE AND ALIGNENT STAKES, GENERAL SUPERVISION AND INSPECTION; Tr'.o PERCENT (2%) OF THE CONSTRUCTION COST FOR THE PREPARATION OF ASSESSMENT DIAGRAMS AND AS'..ESSMENT ROLLS; Two PERCENT (2%) OF THE CONSTRUCTION COST FOR SPECI?•L INVESTIGATION PROCEEDINGS. 3. THAT THE FEES TO BE PAID-'TC THE ENGINEER, AS MORE PARTICULARLY SET FORTH ABOVE IN PARAGRAPHS .2 (A), 4(8), 2 (C), AND 2 (D), SHALL BE PAID BY THE PERSON OR FIRM AWARDED THE CON'. TRACT FOR SAID V.ORK AS FOLLOWS: THE SUM OF TWO PERCENT (27), PROVIDED FOR 2 (o): SIXTY (60) DAYS AFTER COMPLETION; THE SUM OF FIVE PERCENT (5%), PROVIDED FOR IN 2 (A) ABOVE, SHALL BE PAID UPON THE AWARD OF THE CONTRACT FOR THE ':.ORK; THE SUM OF SEVEN PERCENT (7%) UNDER PARAGRAPHS 2 (B) :AND 2 (C) ABOVE, SHALL BE PAID ON COM- PLETION OF CONSTRUOTI`V C: 'HE ..ORK OR IMPROVE- MENT AND THE DELIVERY OF THE DIAGRAMS OF THE ASSESSMENT DISTRICT AND OTHER DOCUMENTS PER- TAINING THERETO. 4. 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 PROVIDED IN THE STREET IM- PROVEMENT ACT OF 1911, AND IF THE wORK OR IMPROVEMENT SHALL 8E ABANDONED BY THE CITY PEF RE 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 MADE BY THE CITY ENGINEER OF CITY AND CON- CURRED IN BY ENGINEER, AND 14 NO EVENT SHALL THE TOTAL ESTIMATED COST OF CONSTRUCTION EXCEED THE SUM OF DOLLARS ($ lZ ri i FOR THE PURPOSE OF THIS PARAGRAPH ONLY. IN" .1TN:SS .THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF T'i£ DAY AND YCA; FIRST AaOV£ 4iriITTEN. CITY OF d.ATION:1. CITY, A MUNICIPAL CORPORATION, BYrL C. PHELPS ATTEST: (iisLN -LST- r, CITY CLERK OF CITY OF NAYIONAL CITY, CALIFORNIA.