HomeMy WebLinkAboutCC RESO 5786=� 2
RESOLUTION NO. 5786
BE IT RESOLVED by the City Council 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. E.pproved.
SECTION 2: That MAURICE CARRIGAN, Mayor of
the City of National City lie,
and.he is hereby, authorized
and directed to execute the same
for upon behalf of the said
City.
Er:°EiT
TH 1 S ?iia32Lts.`ENT . ENTER.'.D INTO THIS c �' L `is DAY
r �
OF ��' r+` ✓,�
, 1952, BY AND SETs:EEN CITY OF NATIONAL
CITY, A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS "CITY")
AND SYRL O. PHELPS, A DULY REGISTERED CIVIL ENGINEER, HEREINAFTER
REFERRED TO AS "ENGINEER";
IT IS HErEBY MUTUALLY AGREED AS FDLLO S:
I. THAT THE ENGINEER SHALL FURNISH ALL ENGINEERING
PERSONNEL, ENGINEERING E<UIPIENT, SUPPLIES AND TRANSPORTATION, ND
MA'".E ALL . ECt SSARY INVESTIGATIONS FOR THE PREPARATION OF DRAWINGS
AND SPECIFICATIONS -ND PERFORM ALL NECESSARY ENGINEERING `rrQRK FOR
PAVING CURBS AND SIDU:ALKS ON "A" AVENUE EE.NEEN 24TH AND 25TH STREET,
PURSUANT TO AND UNDER THE TERMS AND PROVISIONS OF THE STREET IM--
PROVEMENT TACT OF 1911 AND FUEN1SH THE NECESSARY COPIES OF SAID SPECI-
FICATIONS AND BLUE PRINT COPIES OF URA':INGCi RE'',UIRED FOR PROSPECTIVE
BIDDERS; AND SHALL ADVISE THE CITY COUNCIL IN THE EVALUATION or
BIDS RECEIVED AND THE Aa:ARD OF CONSTRUCTING SAID IMPROVEMENTS, AND
SHALL SUPERVISE THE CONSTRUCTINN OF SAID IMPROVEMENTS AND PREPARE
THE REL,UIRED ASSESSMENT DIAGRAMS AND ASSESSMENT ROLLS, AND SHALL
GENERALLY DO ALL ENGINEERING :ORK ON SAID PROJECT.
�. THAT THE CITY SHALL. PAY TO THE ENGINEER, AS FULL
COMPENSATION FOR THE SERVICES SET FORTH ABOVE, THE SUMS AND .`.FOUNTS,
AND IN THE MANNER, HEREINAFTER PROVIDED:
(A) FIVE PERCENT (54) OF THE CONSTRUCTION COST
FOR THE PRELIMINARY SURVEYS AND PREPARATION
OF PLANS AND :PECIFICATIONS,
(a) FIVE PERCENT (5%) OF THE CONSTRUCTION COST FOR
THE SETTING OF GRADE AND ALIGNMENT STAKES,
GENERAL SUPERVISION AND INSPECTION;
(c) Tho PERCENT (2) OF THE CONSTRUCTION COST FOR
THE PREPARATI OF ASSESSmENT DIAGRAMS AND
AssEssmENT ROLLS;
(0) T.o PERCENT (2%) OF THE CONSTRUCTION COST FOR
SPECIAL INVESTIGATION PROCEEDINGS.
3. THAT THE FEES TO BE PAID TO THE ENGINEER, AS MORE
PARTICULARLY SET FORTH ASOVE IN PARAGRAPHS 2 (A), 2 (6), 2 (c),
AND 2 (0), SHALL BE PAID By THEPERSON OR FIRM AWARDED THE CON
TRACT FOR SAID viORK AS FOLLOWS::
THE sum OF TwO PERCENT (2%), PROVIDED FOR 2 (D):
SIXTY (60) DAYS AFTER COMPLETION;
THE SUM OF FIVE PERCENT (50, PROVIDED FOR IN
2 (A) ADVE, SHALL DE PAID UPON THE AWARD OF
THE CONTRACT FOR THE wORK;
THE SUM OF SEVEN PERCENT (70 UNDER PARAGRAPHS
2 (5) AND 2 (0) AsOvE, SHALL BE PAW ON Com-
PLETION OF CONSTRUCTION OF THE v,ORK OR ImPROVE-
mENT AND THE DELIVERY OF THE DIAGRAMS OF THE
ASSESSMENT DISTRICT ,ND OTHER DOCUMENTS pER-
TAINING THERETO.
4. THAT THE RIGHT IS HEREBy REsEVED TO THE CITY
COUNCIL OF THE CITY 4D TERMINATE THIS AGREEMENT AND ALL FURTHER
PROCEEDINGS FOR SAID IMPROVEmENT, AS PROVIDED IN THE. STREET IM-
PROVEMENT ACT OF 1911, AND IF THE -ORIC OR IMPROVEMENT SHALL BE
ABANDONED ey THE CITY BEFORE THE AWARD OF A CONTR,CT TO A
SUCCESSFUL SfDDER, THE CITY SHALL NOT BE OBLIGATED TO THE
ENGINEER FOR AN AmOuNT IN EXCESS CF THE SUM OF SIX PERCENT (60
OF THE LCI;EST EsTIMATA CONSTRUCTION COST THEREOF, AS DETERMINED
DY A COST ESTIMATE MADE BY THE CITY LNGINEER OF CITY AND CON-
CURRED IN BY ENGINEER, AND IN No EVENT SHALL THE TOTAL ESTIMATED
COST OF CONSTRUCTION EXCEED THE SUM oF
DDLLA:\S ) FVR THE
PURPOSE OF THIS PARAGRAPH ONLY.
•
IN 'iIT?ESS . HEREOF, THE PARTIES HERETO HAVE EXECUTED
THIS AGREEMENT AS CF THE DAY AND YEAR FIRST ABOVE 4'iRITTEN.
CITY OF NAT l ON ;L CITY,
A muNuctPAL CORPORATION,
BY //f��,/��t � / -7.4
Bra. ID ,=HELPS
ATTEST:
I RENE :=1LSTON CITY CLERK OF.
CITY OF AAT r)NAL CITY, CALIFORNIA,
•
PASSED AND ADOPTED by the City Council of the City of National City, California, this
October
day of..... 19 52 by the following vote, to -wit:
-..
AYES: Councilmen--. Hart, McClure, Parchen, Sarn,. Carrigan
7th
NAYS:
Councilmen None
ABSENT:
ATTEST:
None
City Clerk.
I hereby approve the foregoing
•
f Resolution
l Ql c
yor of the City o ational City Ca►ifornia.
this 7th
day of October , 19 52
Ma or of the City of/National City California.
Resolution
I hereby certify that the above and foregoing is a full and true copy of No
Ordinance
of the
Resolutions
Ordinances
}
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